procedendo

procedendo
/prowsadendow/ Action wherein court of superior jurisdiction orders court of inferior jurisdiction to proceed to judgment, but has no bearing on nature of judgment to be entered. State ex rel. Jacobs v. Municipal Court of Franklin County, 26 Ohio App.2d 113, 269 N.E.2d 629, 631, 55 O.O.2d 245.
A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in there, where it appears to the superior court that it was removed on insufficient grounds.
More commonly, a case returned to a lower court is said to be remanded to such court. A writ (procedendo ad judicium) which issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the s vereign's name to proceed to give judgment, but without specifying any particular judgment. It was the eai liest remedy for the refusal or neglect of justice on the pait of the courts. In re Press Printers & Publishers, C.C.A. N.J., 12 F.2d 660, 664.
A writ by which the commission of a justice of the peace is revived, after having been suspended. 1 Bl. Comm. 353

Black's law dictionary. . 1990.

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  • Procedendo — Pro ce*den do, n. [Abl. of the gerundive of L. procedere. see {Proceed}.] (Law) (a) A writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the …   The Collaborative International Dictionary of English

  • procedendo — pro·ce·den·do /ˌprō sə den dō/ n [Latin, ablative of procedendum, gerund of procedere to proceed]: an extraordinary writ ordering a lower court to proceed to or execute a judgment Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Procedendo — In common law jurisprudence, procedendo is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment. The writ of procedendo is merely an order from a court of… …   Wikipedia

  • procedendo on aid prayer — /prowsadendow on eyd pre(ya)r/ If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de… …   Black's law dictionary

  • procedendo on aid prayer — See procedendo de loquela …   Ballentine's law dictionary

  • procedendo — pro·ce·den·do …   English syllables

  • procedendo — An order or writ issued by an appellate court commanding a court of inferior jurisdiction to proceed to judgment in a case pending before it, but not attempting to control the inferior court as to what the judgment should be. State ex rel. Davey… …   Ballentine's law dictionary

  • procedendo — ˌprōsəˈden(ˌ)dō noun ( s) Etymology: Latin, abl. of procedendum, gerund of procedere to proceed more at proceed : a writ issuing out of a superior court to an inferior court authorizing or directing the inferior court to act upon certain matters… …   Useful english dictionary

  • procedendo ad judicium — A remedy under early English common law and chancery practice to compel an inferior tribunal to proceed to judgment in a given case where the judge of such court was delaying the proceeding, but without directing any particular judgment. Re Press …   Ballentine's law dictionary

  • procedendo de loquela — A king s writ which directed the court to proceed in a tenant s real action, in response to the latter s aid prayer. The aid prayer was a call for assistance to plead because of the feebleness or imbecility of the estate of the tenant himself.… …   Ballentine's law dictionary

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