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In English law, a writ of scire facias (Latin, meaning literally "make known") is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent ...
Habere facias visum, a writ commanding a view of the lands in question. [14] Habere facias seisinam, a writ of execution commanding the sheriff to give the plaintiff possession of a freehold. Where the interest is less than the freehold the writ is known as habere facias possessionem. [14] Homine replegiando, a writ to bail a man out of prison ...
Prerogative writ" is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. [1] It was originally available only to the Crown under English law , and reflected the discretionary prerogative and extraordinary power of the monarch.
The English solution to this problem was to condition the holding of office upon good behavior, as enforced by the people through the writ of scire facias. Although it was technically a writ of the sovereign, this power concerned only the interests of his subjects; as the King exercised it only as parens patriae , he was bound by law to allow ...
The Constitution of Texas is the foundation of the government of Texas and vests the legislative power of the state in the Texas Legislature.The Texas Constitution is subject only to the sovereignty of the people of Texas as well as the Constitution of the United States, although this is disputed.
scire facias: Let them know. A writ, directing local officials to officially inform a party of official proceedings concerning them. scire feci: I have made known. The official response of the official serving a writ of scire facias, informing the court that the writ has been properly delivered. secundum formam statuti: According to the form of ...
A writ of fieri facias (colloquially "fi fa") commands a sheriff to take and auction off enough property from a losing party to pay the debt (plus interest and costs) owed by a judgment debtor. A writ of mittimus orders either (1) a court to send its record to another or (2) a jailor to receive the accused in their custody at any point during ...
In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]