Postulatio
Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Abbott (1879)
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Lat In Roman law. A request or petition. This was the name of the first step in a criminni prosecution, corresponding somewhat to "swearing out a warrant" in modern criminal law. The accuser appeared before the prætor, and stated his desire to institute criminal proceedings against a designated person, and prayed the authority of the magistrate therefor.
In old English ecclesiastical law. A species of petition for transfer of a bishop.
— Postulatio actionis. In Roman law. The demand of an action ; the request made to the prætor by an actor or plaintiff for an action or formula of suit; corresponding with the application for a writ in old English practice. Or, as otherwise explained, the actor's asking of leave to institute his action, on appearance of the parties befoie the orætor. Halhtax, Civil Law, b. 3, c. 9, no. 12.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
1. The name, in the Roman law, of the initial step in a criminal prosecution. It seems to have been preliminary to a formal charge or complaint, and to have been designed chiefly for settling upon a responsible accuser. See Bouvier. 2. In old English ecclesiastical law, a species of petition for transfer of a bishop. Formerly, on the occasion of a bishop being translated from one bishopric to another, he was not elected to the new see; for the rule of the canon law is eleetus nan potest elegi; and the pretence was that he was married to the first church, which marriage could not be dissolved but by the pope; and thereupon the pope was petitioned, and, consenting to the petition, the bishop was translated, and this was said to be by postulation; but this was restrained by Stat. 16 Rich. II. ch. 5. Cowel; Tomlins. Potior est conditio defendentis. The condition of the party defending ia the better. Or, potior est conditio possidentis. The condition of the party in possession is the better. These maxims are usually limited by some expression prefixed, such as in cequali jure, in pari delicto, &o. For an exposition of the principle involved, see In pari delicto, potior est conditio defendentis. POTWALLERS; POTWALLOP-