Legal Definition and Related Resources of Capias ad satisfaciendum
Meaning of Capias ad satisfaciendum
A judicial writ of execution, which issues out on the record of a judgment by which the sheriff is commanded to take the body of the defendant in execution, and him safely to keep, so that he have his body in court at the return of the writ to satisfy the plaintiff his debt and damages. 97 111. 236. It is a writ of execution issued after judgment, and might have been issued against a plaintiff against whom judgment was obtained for costs, as well as against the defendant in a personal action. As a rule at common law, it lay in all cases where a capias ad respondendum lay as a part of the mesne process. Some classes of persons were, however, exempt from arrest on mesne process who were liable to it on final. It was a very common form of execution until within a few years, in many of the states, but its efficiency has been destroyed” by statutes facilitating the discharge of the debtor in some states, and by statutes prohibiting its issue in others, except in specified cases. See “Arrest;” “Privilege.” It is commonly known by the abbreviation ca. sa.
What does Capias Ad Satisfaciendum mean in American Law?
The definition of Capias Ad Satisfaciendum in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
The post-judgment equivalent of a civil capias ad respondendum, commanding the sheriff to take the judgment debtor into custody and hold him until the judgment was satisfied. It was extremely common, almost always being abbreviated “ca. sa.” As a very nasty (and perhaps counterproductive-see Dickens” Pickwick Papers) way to coerce the debtor into paying, or at least well securing, a judgment, by the mid-nineteenth century in England (and soon thereafter to almost all U.S. jurisdictions) this execution against the person was abolished except in the most extraordinary circumstances.
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This definition of Capias Ad Satisfaciendum Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
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Capias ad Satisfaciendum
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