Writ
A Law Dictionary and Glossary · George C. Kinney · 1893
A Law Dictionary and Glossary
A writing; a mandate or precept; an instrument in writing by which a court commands a person to whom it is directed to do some act; an instrument in writing, running in the name of the sovereign, and issued out of a court, under seal, directed to pome ministerial oificer, or to the party, commanding that some act be done. Writ of entry: v. Entry, writ of. Writ of inquiry: v. Inquiry, writ of. Writ of error: a writ to correct error, v. Error, writ of.
In English law
Originally, the written command of the king, or of sonie member of his household; later, the written command or precept of a court, or of some officer authorized. It is original when it issues from chancery under the king's seal at the beginning of the action, and judicial when it issues from a court during the progress of an action; it is close or clause when sealed, and open when not sealed. Writ de cursn: writ of course, — a writ issued by the crown, or by a court or person authorized by the crown, as matter of right, of Westminster 11., c. 24, providing for the issue of writs in cases similar to tliose in whicli writs had been issued de cursu prior to promulgation in 1358 forbidding the issue of new writs.
In old English law
Writ of right: a writ which lay to recover lands in fee simple, unjustly withheld from the owner, — the great and final remedy for the recovery of the right of property, or mere right, as distinguished from the right of possession, and in its nature the highest writ in the law. In Scots law. A writing; an instrument in writing, as a deed, bond, contract, etc.