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A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". [1] Most often, a writ of assistance is "used to enforce an order for the possession of lands". [2]
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
The president's ability to suspend the writ of habeas corpus without congressional approval was not addressed in this case, most likely because it was a moot issue with respect to the case at hand. President Lincoln had suspended the writ nationwide on September 24, 1862, [ 25 ] and Congress had ratified this action on March 3, 1863, with the ...
That question depends on political considerations, on which the Legislature is to decide. Until the legislative will be expressed, this court can only see its duty, and must obey the laws. Taney's final order in Merryman never actually ordered Cadwalader (the actual defendant), the Army, Lincoln or his administration, or anyone else to release ...
By petition for writ of certiorari with respect to a decision of one of the territorial or state courts, after all state appeals have been exhausted, where an issue of federal constitutional or statutory law is in question. The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U ...
Certification of a question of law to the United States Supreme Court is another way, in addition to the writ of certiorari, direct appeal, and original jurisdiction, by which cases can be brought to the docket of the Supreme Court. It is a very infrequent procedure, and has happened only five times over the past six decades.
"in addition to the authority already conferred, [US Courts, and judges and justices therein] shall have power to grant writs of habeas corpus in all cases where any person may be restrained of their liberty in violation of the constitution, or of any treaty or law of the United States; and it shall be lawful for such person so restrained of ...
The All Writs Act is a United States federal statute, codified at 28 U.S.C. § 1651, which authorizes the United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law".