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Defined in 2 dictionaries — Cyclopedic (1922), Ballentine's (1916)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A real action, by which the grantee of a rent could compel the tenants to attorn to him. QUEMADMODUM AD QUAESTIONEM fact! non respondent judices, i'ta ad quaestionem juris non respondent juratores. In the same manner that judges do not answer to questions of fact, so jurors do not answer to questions of law. Co. Litt. 295. QUERELA (Lat.) An action preferred In any court of justice. The plaintiff was called querens, or complainant, and his brief, com- QUERELA CORAM REGE A CONCILIO discutlenda et terminanda. A writ by which one is called to justify a complaint of a trespass made to the king himself, before the king and his council. Reg. Orig. 124. QUERELA INOFFICIOSI TESTAMENTI (Lat. complaint of an undutiful or unkind will).
In civil law. A species of action allowed to a child who had been unjustly disinherited, to set aside the will, founded on the presumption of law, in such cases, that the parent was not in his right mind. Calv. Lex.; 2 Kent, Comm. 327; Bell, Diet. QUERENS (Lat. from queri, to complain).
In old English practice. A plaintiff; the plaintiff or complaining party. Bracton, fols. 98b, 214, 240, et passim; 8 Coke, 153b. The complaining party in a personal action; as petens (demandant) was, in a real action. Actor, sive sit petena sive querens. Bracton, fol. lD6b. But querens was used in assizes. Fleta, lib. 4, c. 7. QUESTA (Law Lat.) In old records. A quest; an inquest, inquisition, or inquiry, upon the oaths of an impanelled jury. Cowell.
Ballentine's Law Dictionary
James A. Ballentine · 1916