scire facias quare restitutionem non

scire facias quare restitutionem non
/sayriy feysh(iy)as kweriy restat(y)uwshiy6wnam non/ This writ lies where execution on a judgment has been levied, but the money has not been paid over to the plaintiff, and the judgment is afterwards reversed in error or on appeal; in such a case a scire facias is necessary before a writ of restitution can issue

Black's law dictionary. . 1990.

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  • Scire facias quare restitutionem habere non debet — Make it known why he ought not to have restitution. A process in the nature of an order to show cause which issued as a preliminary to the issuance of a writ of restitution where a satisfied judgment was reversed on appeal and the record failed… …   Ballentine's law dictionary

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