单词 | quo minus |
释义 | quo minusn. Law. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ utrumc1290 quo warrantoa1325 writ of right closea1325 writ of oyer and terminer1414 writ of right1414 quare impedit?a1424 prohibition?1435 praecipec1440 supplicavita1450 replevy1451 ouster-le-main1485 praecipe in capitec1523 value1527 inhibition1532 rehabilitation1533 melius inquirendum1549 ne exeat regnum1559 quo minus1592 letters (or writ) of supplementc1600 inhibition1603 fair pleading1607 ingressu1607 ne exeat regno1607 account1622 associationa1625 ship-writ1640 cessavit1641 ne exeat1644 devastavit1651 right close1651 writ of second deliverance1652 fair pleader1655 beaupleader1700 proclamation writ1713 writ of inquiry1809 writ of intendence and respondence1881 1592 Rastell's Expos. Termes Lawes (new ed.) f. 159/1 Quo minus is a writ, and it lyeth where a man hath graunted to another housebote and heybote in his woode to take euery yeare, and he that made the graunt maketh such wast and distruction that the grauntee cannot haue his reasonable estouers, then the grauntee shall haue the forsayd writ. 1677 E. Coles Eng. Dict. (new ed.) Quo minus, a writ against the Grantor making such wast in his woods that the Grantee cannot enjoy his grant of House-bote and Hay-bote. 2. An Exchequer writ available for an accountant or debtor to the king against anyone indebted to him or herself. Now historical. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs against debtor elegit1455 letters of horning1536 quo minus1598 extent1630 1598 Rastell's Expos. Termes Lawes (new ed.) f. 160v And there is an other writ called a Quo minus, in the Eschequer, which any fermor or dettor to the king shall haue against anie other, for debt or trespas. 1623 in 10th Rep. Royal Comm. Hist. MSS (1885) App. iv. 433 [Paid] to Mr. Hill for suinge out several Quominuses and for his fee, 34s. 8d. 1642 tr. J. Perkins Profitable Bk. i. §5. 3 Hee shall have a Quo minus against the vendee..in the Exchequer. 1743 C. Viner Gen. Abridgm. Law & Equity XVIII. 153 A Man shall not wage his Law in Quo Minus. 1771 Encycl. Brit. II. 530/1 The leading process is either a writ of subpœna, or quo minus, which last goes into Wales, where no process out of our courts of law ought to run, except a capias utlagatum. 1787 J. Reeves Hist. Eng. Law (ed. 2) 406 It had been held..that a defendant might wage his law against a quo minus in the exchequer: this violated the rule laid down in an earlier period, that no man should wage his law against the king. 1873 Dict. Select & Pop. Quot. (new ed.) 239 Quo minus., the appellation given to a writ issuing by fiction from the Court of Exchequer, on behalf of a person supposed to be the king's farmer or debtor, against another, where there is any cause of personal action. 1913 J. F. Baldwin King's Council Eng. Middle Ages ix. 218 There was also the device of alleging that the king's revenue would be affected, long after the peculiar writ quominus was invented. 1939 Yale Law Jrnl. 49 39 The origin and development of the writ of quo minus is bound up with the history of the English Court of Exchequer. 1972 D. J. Guth in A. J. Slavin Tudor Men & Inst. v. 116 Actions of quo minus appeared with such infrequency through the fifteenth century that we can reasonably expect that the assertion of an extant royal debt was truthful. 1991 J. S. Hart Justice upon Petition i. 128 The notion behind the quominus writ was a simple one; the plaintiff needed the special process of the court to levy the debt against the defendant in order better to satisfy his own liability to the king. This entry has been updated (OED Third Edition, June 2008; most recently modified version published online March 2022). < |
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