writ of assistance

writ of assistance
Writs of Assistance exist to enforce judgment of court directing specific act. Matter of Lease Cancellation of Smith, 68 Hawaii 466, 719 P.2d 397, 401.
An equitable remedy normally used to transfer real property, the title of which has been previously adjudicated, as a means of enforcing the court's own decree. TeWalt v. TeWalt, Ind.App., 421 N.E.2d 415, 418.
It is essentially a mandatory injunction, the effect of which is to bring about a change in the possession of realty; it dispossesses the occupant and gives possession to one adjudged entitled thereto by the court. Dusbabek v. Local Building & Loan Ass'n, 178 Okl. 592, 63 P.2d 756, 759.
Despite merger of law and equity in rules practice, provision is made for writ of assistance in Fed.R.Civ.P. 70.
Ancient writs issuing from the Court of Exchequer ordering sheriffs to assist in the collection of debts owed the Crown. Prior to the American Revolution, the writs of assistance gave agents of the Crown in the American colonies the right to search for smuggled goods without any limitations

Black's law dictionary. . 1990.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • writ of assistance — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. writ of assistance n …   Law dictionary

  • writ of assistance — n. a writ issued by a court of equity, ordering the transfer of real property to the rightful owner …   English World dictionary

  • Writ of assistance — A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff, to perform a certain task. Historically, several types of writs have been called writs of assistance .[1] Most often, a… …   Wikipedia

  • writ of assistance — Process, sometimes called a writ of possession, issued by a court of equity to secure the possession of land after the title or right of possession has been finally determined: 6 Am J2d Assist § 1. A process for enforcing the right of a purchaser …   Ballentine's law dictionary

  • writ of assistance — 1. : a writ issued by a court of equity to a sheriff, marshal, or other law officer for the enforcement of an order or decree of the court; especially : one used to enforce an order for the possession of lands 2. : a writ issued to a sheriff or… …   Useful english dictionary

  • Writ of Assistance — Le Writ of Assistance, mandats général de perquisition ou encore mandat de main morte, est une procédure privilégiée instituée en Angleterre depuis les années 1650 sous Oliver Cromwell, selon laquelle les agents de douanes disposaient du droit de …   Wikipédia en Français

  • writ of assistance — writ′ of assist′ance n. amh. (before the American Revolution) a writ authorizing officers of the British crown to search any premises for smuggled goods • Etymology: 1700–10 …   From formal English to slang

  • Writ of Assistance — The Writs of Assistance is a legal document that serves as a general search warrant.Unlike the warrant, it is generally open ended, and requires all parties to support the officer to whom it was issued. Its normal use is in support of customs and …   Wikipedia

  • writ of assistance — Date: 1706 1. a writ issued to a law officer (as a sheriff or marshal) for the enforcement of a court order or decree; especially one used to enforce an order for the possession of lands 2. a writ used especially in colonial America authorizing a …   New Collegiate Dictionary

  • writ of assistance — Amer. Hist. a writ issued by a superior colonial court authorizing officers of the British crown to summon aid and enter and search any premises. [1700 10] * * * …   Universalium

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”