praecipe

praecipe
An order; a command; a writ ordering a person to do some act or to show cause why he should not do it. An application addressed to the clerk of court for the issuance of a summons. McMillon v Harrison, 66 Fla 200, 63 So 427. An order by a judgment creditor to the clerk of court for the issuance of a writ of execution. Yazoo & M. V. R. Co. v Clarksdale, 257 US 10, 66 L Ed 104, 42 S Ct 27. A demand by an appellant of the clerk of court for the inclusion of designated papers in the transcript. 4 Am J2d A & E § 405.

Ballentine's law dictionary. . 1998.

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  • praecipe — prae·ci·pe also pre·ci·pe / pre sə ˌpē, prē / n [Medieval Latin precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin praecipe, imperative of praecipere to give rules or precepts, admonish,… …   Law dictionary

  • praecipe — c.1500 (in Magna Carta in Anglo Latin), from L. praecipe, imperative of praecipere to admonish, enjoin, from the opening words of such a writ, praecipe quod reddat enjoin (him) that he render …   Etymology dictionary

  • Praecipe — Pr[ae]c i*pe, n. [L., imperative of praecipere to give rules or precepts. See {Precept}.] (Law) (a) A writ commanding something to be done, or requiring a reason for neglecting it. (b) A paper containing the particulars of a writ, lodged in the… …   The Collaborative International Dictionary of English

  • praecipe — An original writ commanding the defendant to do the thing required; also an order addressed to the Clerk of the Court requesting him to issue a particular writ. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • Praecipe — A praecipe is a legal term in the U.S. that either (A) commands a defendant to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a writ and to specify its contents. In Canada it is used in… …   Wikipedia

  • praecipe — also precipe noun Etymology: Middle English presepe, from Medieval Latin praecipe, from Latin, imperative of praecipere to instruct more at precept Date: 15th century 1. any of various legal writs commanding a person to do something or to appear… …   New Collegiate Dictionary

  • praecipe — /pree seuh pee , pres euh /, n. Law. 1. any of various legal writs commanding a defendant to do something or to appear and show why it should not be done. 2. a written order addressed to the clerk of the court requesting that a writ be issued and …   Universalium

  • praecipe quia dominos remisit curiam — A writ because the lord has waived his court. A writ of right thus called was formerly used for the same purpose as the later praecipe in capite to oust the lord of his jurisdiction by suing out this writ in the king s court, instead of by writ… …   Ballentine's law dictionary

  • praecipe in capite — inˈkapəˌtē noun Etymology: New Latin : a writ of right issuing from a Chancery Court in aid of a disseized tenant of land in chief holding immediately of the crown compare praecipe 1 …   Useful english dictionary

  • praecipe — noun A writ demanding action, or requiring a reason for neglecting it …   Wiktionary

  • praecipe — [ pri:sɪpi] noun Law an order requesting a writ or other legal document. Origin L. (the first word of the writ), imperative of praecipere enjoin, command …   English new terms dictionary

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