Legal Definition and Related Resources of Procedendo
Meaning of Procedendo
(Lat.) In practice. A writ which issues where an action is removed from an inferior to a superior jurisdiction by habeas corpus, certiorari, or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed is sufficiently proved; in which case, the superior court by this writ remits the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same. See 1 Chit. 575; 2 W. Bl. 1060; 1 Strange, 527; 6 Term R. 365; 4 Barn. & Aid. 535; 16 East, 387. It also issues where an inferior court unwarrantably delays in giving judgment. 3 BL Comm. 109; 4 Minor, Inst. 276, 301.
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You might be interested in these references tools:
| Resource | Description |
|---|---|
| Procedendo in the Dictionary | Procedendo in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Procedendo |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Procedendo in the World Encyclopedia of Law |
Notice
This definition of Procedendo is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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| Sitemap Index | Sitemap Index, including Taxonomies |
| https://legaldictionary.lawin.org/procedendo/ | The URI of Procedendo (more about URIs) |
Concept of “Procedendo”
Traditional meaning of procedendo in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) 1. A writ to remove a cause, which has been taken to the superior court on certiorari or otherwise, back to the inferior court; see 1st Book (“The Rights of Persons”), Blackstone’s Commentaries on the Laws of England 353. 2. Procedendo ad judicium: a writ issuing from the common-law side of Chancery to a subordinate court which delayed judgment, directing it to give judgment for one side or the other. 3. Procedendo in loquela: a writ from the King authorizing the judges to proceed in an action concerning title after an aid- prayer. 4. A writ to revive the commission of a justice of the peace, suspended by a supersedeas.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Procedendo”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
See Also
Procedendo
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