Superoneratione Pastura

A writ that formerly lay against him who was impleaded in the county court for the surcharge of a common for his cattle and the cause was removed into one of the superior courts. SUPERSEDEAS (Lat. that you set aside). In Practice. The name of a writ containing a command to stay the proceedings at law. An auxiliary process designed to supersede the enforcement of the judgment of the court below, brought up by writ of errdr for review. Williams v. Bruffy, 102 U. S. 249, 20 L. Ed. 135. ing the execution of another writ which he was about to execute, or which might come in his hands. In modern times the term is often used synonymously with a “stay of proceedings,” and is employed to designate the effect of an act or proceeding which of itself suspends the enforcement of a judgment; Dulin v. Coal Co., 98 Cal. 306, 33 Pac. 123. It is granted on good cause shown that the party ought not to proceed; Fitzh. N. B. 236. There are some writs which, though they do not bear this name, have the effect to supersede or stay the proceedings: namely, a writ of error when bail is entered operates as a supersedeas; and a writ of certiorari to remove the proceeding of an inferior into a superior court has, in general, the same effect; 8 Mod. 373; Grubb v. Fox, 6 Binn. (Pa.) 461. But under special circumstances, the certiorari has not the effect to stay the proceeding, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute; Grubb v. Fox, C Binn. (Pa.) 460. See Bacon, Abr.; Com. Dig. Yelv. 6, n. See Appeal and Error; United States Courts.