scire facias

scire facias
A writ of statutory origin (13 Edward I, chapter 45) used both as an original writ to obtain a judgment where none has before existed and as a writ of execution or continuation of a judgment previously entered. 47 Am J1st Sc F §§ 3, 4. A writ requiring the defendant to appear and show cause why the plaintiff should not be permitted to take some step wherein he has the advantage of a public record. 47 Am J1st Sc F § 2. A writ founded on a matter of record, such as a recognizance or judgment, on which it lies to obtain execution or for other purpose, such as to hear errors. 47 Am J1st Sc F § 2. A writ for the revival of a judgment. 47 Am J1st Sc F § 17. A proceeding for the enforcement of an execution against a garnishee, generally limited to cases where the garnishee defaults, and where there has been no specific property garnished, so that it is necessary to discover and identify the property of the defendant in the possession of the garnishee. Parker, Peeples & Knox v El Saieh, 107 Conn 545, 141 A 884, 59 ALR 1424. A remedy for the enforcement of a bail bond or recognizance on forfeiture. 8 Am J2d Bail § 145. The term "scire facias" applies not only to a certain writ, but also to the action or proceeding instituted under the writ. 47 Am J1st Sc F § 1.

Ballentine's law dictionary. . 1998.

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  • scire facias — sci·re fa·ci·as / sī rē fā shē əs, shəs, shē ˌas; skē rā fä kē ˌäs/ n [Medieval Latin, you should cause to know] 1: a judicial writ founded upon some matter of record and requiring the party proceeded against to show cause why the record should… …   Law dictionary

  • Scire facias — Sci re fa ci*as (s[imac] r[ e] f[=a] sh[i^]*[a^]s). [L., do you cause to know.] (Law) A judicial writ, founded upon some record, and requiring the party proceeded against to show cause why the party bringing it should not have advantage of such… …   The Collaborative International Dictionary of English

  • scire facias — [sī′rē fā′shē as΄] n. [ME < L, that you cause to know] Law 1. a writ, founded on a record, requiring the person against whom it is issued to appear and show cause why the record should not be enforced or annulled 2. a proceeding begun by… …   English World dictionary

  • Scire facias — In English law, a writ of scire facias (from the Latin meaning to cause to be known ) was a writ founded upon some judicial record directing the sheriff to make the record known ( scire facias ) to a specified party, and requiring that defendant… …   Wikipedia

  • scire facias — /sayriy feysh(iy)as/ A judicial writ, founded upon some matter of record, such as a judgment or recognizance and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record, or… …   Black's law dictionary

  • scire facias — noun Etymology: Middle English, from Medieval Latin, you should cause to know Date: 15th century 1. a judicial writ founded on some matter of record and requiring the party proceeded against to show cause why the record should not be enforced,… …   New Collegiate Dictionary

  • scire facias — /suy ree fay shee as /; Lat. /skee rdde fah kee ahs /, Law. 1. a writ requiring the party against whom it is brought to show cause why a judgment, letters patent, etc., should not be executed, vacated, or annulled. 2. a judicial proceeding… …   Universalium

  • 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… …   Black's law dictionary

  • scire facias — document which requires a party to show cause as to why a judgment should not be carried out (Latin) …   English contemporary dictionary

  • scire facias — [ˌsʌɪri: feɪʃɪas] noun US Law a writ requiring a person to show why a judgement regarding a record or patent should not be enforced or annulled. Origin L., lit. let (the person) know …   English new terms dictionary

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