Procedendo definition

Procedendo





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2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Procedendo \Pro`ce*den"do\, n. [Abl. of the gerundive of L.
     procedere. see {Proceed}.] (Law)
     (a) A writ by which a cause which has been removed on
         insufficient grounds from an inferior to a superior court
         by certiorari, or otherwise, is sent down again to the
         same court, to be proceeded in there.


     (b) In English practice, a writ issuing out of chancery in
         cases where the judges of subordinate courts delay giving
         judgment, commanding them to proceed to judgment.
     (c) A writ by which the commission of the justice of the
         peace is revived, after having been suspended. --Tomlins.
         Burrill.
         [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  PROCEDENDO, practice. A writ which issues where an action is removed from an 
  inferior to a superior jurisdiction by habeas corpus, certiorari or writ of 
  privilege, and it does not appear to such superior court that the suggestion 
  upon which the cause has been removed, is sufficiently proved; in which case 
  the superior court by this writ remits the cause to the court from whence it 
  came, commanding the inferior court to proceed to the final hearing and 
  determination of the same. See 1 Chit. R. 575; 2 Bl. R. 1060 1 Str. R. 527; 
  6 T. R. 365; 4 B. & A. 535; 16 East, R. 387. 
  
  

















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