supersedeas

supersedeas
/s(y)uwparsiydiyas/
The name of a writ containing a command to stay the proceedings at law. A suspension of the power of a trial court to issue an execution on judgment appealed from, or, if writ of execution has issued, it is a prohibition emanating from court of appeal against execution of writ. Stewart v. Hurt, 9 Cal.2d 39, 68 P.2d 726, 727.
An auxiliary process designed to supersede enforcement of trial court's judgment brought up for review, and its application is limited to the judgment from which an appeal is taken. Mascot Pictures Corp. v. Municipal Court of City of Los Angeles, 3 Cal.App.2d 559, 40 P.2d 272.
Originally it was a writ directed to an officer, commanding him to desist from enforcing the execution of another writ which he was about to execute, or which might come in his hands. In modern times the term is often used synonymously with a "stay of proceedings," and is employed to designate the effect of an act or proceeding which of itself suspends the enforcement of a judgment

Black's law dictionary. . 1990.

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  • supersedeas — su·per·se·de·as /ˌsü pər sē dē əs/ n [Medieval Latin, you should desist (word used in the writ)] 1: a common law writ commanding a stay of legal proceedings that is issued under various conditions and esp. to stay an officer from proceeding under …   Law dictionary

  • Supersedeas — Su per*se de*as, n. [L., suspend, set aside, stay, 2d pers. sing. present subjunctive of supersedere. See {Supersede}.] (Law) A writ of command to suspend the powers of an officer in certain cases, or to stay proceedings under another writ.… …   The Collaborative International Dictionary of English

  • Supersedĕas — (lat., »laß ab«), in England Befehl, das Verfahren einzustellen …   Meyers Großes Konversations-Lexikon

  • supersedeas — writ to stay legal proceedings, Latin, lit. you shall desist, second person sing. subjunctive of supersedare (see SUPERSEDE (Cf. supersede)) …   Etymology dictionary

  • supersedeas — [so͞o΄pərsē′dē as΄] n. [ME < L, you shall desist < supersedere: see SUPERSEDE] a legal document issued to halt or delay the action of some process of law …   English World dictionary

  • supersedeas — /sooh peuhr see dee euhs, as /, n., pl. supersedeas. Law. a writ ordering a stoppage or suspension of a judicial proceeding, of the execution of a judgment, or of the enforcement of another writ. [ < L supersedeas, 2nd person sing. pres. subj. of …   Universalium

  • supersedeas — noun (plural supersedeas) Etymology: Middle English, from Latin, you shall refrain, from supersedēre Date: 14th century 1. a common law writ commanding a stay of legal proceedings that is issued under various conditions and especially to stay an… …   New Collegiate Dictionary

  • supersedeas — ˌ ̷ ̷ ̷ ̷ˈsēdēəs noun (plural supersedeas) Etymology: Middle English, from Medieval Latin, from Latin, you shall desist, 2d singular present subjunctive of supersedēre to supersede; from the occurrence of the word in the writ …   Useful english dictionary

  • supersedeas bond — see bond 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Supersedeas bond — A supersedeas bond is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over.An appellant s bond to stay execution on a judgment during the pendency of the appeal. Fed. R.… …   Wikipedia

  • supersedeas bond — A bond required upon obtaining supersedeas, conditioned to protect the interest of the appellee or defendant in error. 4 Am J2d A & E § 369. A bond given by a party appealing from a judgment to stay execution thereon pending the appeal …   Ballentine's law dictionary

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