supersedeasn.
/ˌsuːpəˈsiːdɪəs/, /ˌsjuːpəˈsiːdɪəs/, U.S. /ˌsupərˈsidiəs/ 1. Law (now chiefly U.S.). A writ commanding the stay of legal proceedings, authorizing an action, or suspending powers.From the occurrence of the word in a range of writs having the name.In the United Kingdom now only used in relation to parliamentary writs.
a. Without writ.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writ commanding stay or suspension
supersedeasc1400
writ of supersedeas1453
c1400 (?a1387) W. Langland Piers Plowman (Huntington HM 137) (1873) C x. l. 263 The tarre is vntydy þat to þyne sheep by-longeþ, Hure salue ys of supersedeas in someneres boxes.
1450 J. Paston in Paston Lett. & Papers (2004) I. 57 For in a general oyer and termyner a supersedeas may dassh al, and so shall not in a special.
1622 G. de Malynes Consuetudo 224 Vntill the Lord Chanceller doe dissolue the said Commission by a Supersedeas.
1635 W. Lambarde & T. Lambarde Archeion (new ed.) 64 His Supersedeas may not stay a Court of Common Iustice from proceeding.
1654 T. Forster Lay-mans Lawyer To Rdr. sig. a3v The formes of all Mittimusses..Supersedeasses, Certioraries.
1671 F. Philipps Regale Necessarium 339 The Justices allowed a Supersedeas to stay an Assise, where the Defendant was in the service of the King in his Wars beyond the Seas.
1753 Scots Mag. 15 63/2 His Majesty granted..a supersedeas of the parliament's arret.
1765 W. Blackstone Comm. Laws Eng. I. i. ii. 166 By writ of privilege, in the nature of a supersedeas, to deliver the party out of custody when arrested in a civil suit.
1816 Busy Body 1 Sept. 12 His employ, besides the private practice of an attorney, which almost wholly consisted of issuing supersedeases,..and bringing habeas corpuses—was reporting the conduct of the prisoners.
1853 T. I. Wharton Digest Cases Pennsylvania (ed. 6) 221 The effect of a supersedeas lawfully ordered is to annihilate a commission of bankruptcy.
1899 Southeastern Reporter 31 24/2 In order for a bill of exceptions to operate as a supersedeas to the Judgment..it is necessary for the plaintiff in error to comply with certain conditions.
1953 Billboard 25 July 71 Justice John C. Bell Jr...refused to act on the city's petition for a supersedeas in the case.
2009 Atlanta Jrnl.-Constitution (Nexis) 13 Nov. p. 1B A statement from the Supreme Court granted Howard's motion for supersedeas, a legal order commanding a stay of proceedings.
b. More fully writ of supersedeas.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writ commanding stay or suspension
supersedeasc1400
writ of supersedeas1453
1453–4 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Mar. 1453 §27. m. 20 In suche cases as writtes of supersedeas of privelegge of parlement be brought and delivered.
1566 in R. G. Marsden Court Adm. (Selden) II. 135 Plezeth your..Lordshipp to be signifyed that I have receivid your..writ of supersedeas to me dyrectid.
1634–5 Irish Act 10 & 11 Chas. I c. 10 §2 His Majesties writs of supersedeas are often-times directed to the justices of peace..requiring them..to forbeare to arrest or imprison the parties aforesaid.
1668 W. Prynne Aurum Reginæ 46 Upon complaint thereof to the King he issued this Writ of Supersedeas to the Treasurer and Barons of the Exchequer.
1724 Law Quibbles 31 The Prisoner upon entering his Appearance, shall be Discharged by Writ of Supersedeas.
1772 London Chron. 26 Mar. 304/1 His Majesty's writ of supersedeas was on Tuesday last served on Joseph Greenleaf, Esq; late a Justice of the Peace for the county of Plymouth, requiring him to surcease all further proceedings in that office.
1839 Penny Mag. 5 Jan. 5/2 The holding of the session cannot be stopped except by writ of supersedeas out of Chancery.
1885 Law Rep.: Appeal Cases 10 226 An averment which required to be proved..by a writ of supersedeas.
1922 L. Seelye Genesis Good Govt. v. 85 The writ of supersedeas is largely responsible for the money influence.
2008 Augusta Chron. (Georgia) (Nexis) 26 Jan. p. B07 Objections to the writ of supersedeas granted by the appeals court must be filed by Thursday.
ΘΚΠ
the world > action or operation > ceasing > [noun] > causing cessation of action or operation > one who or that which > that which
stancha1400
supersedeas1555
stop-gamble1579
stopa1586
supra sedeas1615
stop-game1659
to put a stopper on1828
off-switch1897
shut-off1951
1555 Act 2 & 3 Philip & Mary c. 18 §1 Which Commyssions so bearing a later date have been a Supersedeas & clere dischardge unto..the said former Commissions.
a1592 R. Greene Hist. Orlando Furioso (1594) sig. Biiv To set a Super sedeas of my wrath.
1592 W. Warner Albions Eng. (rev. ed.) vii. xxxvi. 157 A Supersedias for her loue was euery new-come frend.
a1610 G. Babington Comf. Notes: Num. in Wks. (1615) ii. 165 Sweet Death is a Supersedeas for all [diseases].
1619 W. Y. in S. Hieron Wks. (1620) II. To Rdr. 428 That will be no Supersedeas vnto them from death.
1642 D. Rogers Naaman 58 If God had not discharged him from it by a Supersedeas to his ordinary Charge.
1654 H. Hammond Of Fund. in Notion xii. 119 To intermit our watch, to slacken our diligence, to give a Supersedeas to industrie.
1662 W. Gurnall Christian in Armour: 3rd Pt. 262 Neither Gods promise, nor Abrahams faith thereon gave any supersedeas to his duty in prayer.
1687 P. Henry Diaries & Lett. (1882) 354 If your Gown had been burnt, it might have been lookt upon as a tacit super Sedæas to your further Progress in those studyes.
1737 L. Clarke Compl. Hist. Bible II. vii. 208 Saul with Joy receives this Supersedeas of the Sanhedrim's Commission by a divine Command.
1807 J. Madison Let. 25 May in Lett. & Other Writings (1865) II. 406 We shall soon learn, I presume, whether a supersedeas to Mr. Erskine will be among the minor changes proceeding from the change in the Cabinet.
1850 New Church Repository & Monthly Rev. May 224 Nothing would be more pernicious than to regard the employment of a teaching minister as carrying with it a supersedeas to all other forms of spiritual service.
1885 in F. A. Abel Mining Accidents (1889) 325 That no appeal from any decision made by any mine inspector shall work as a supersedeas to such decision during the pendency of such appeal.
Phrases
clerk of the supersedeas n. now historical an official of the Court of Common Pleas who made out writs of supersedeas.
ΚΠ
1652 G. T. & T. P. Practick Part of Law 2 The Clark of the Supersedeas, who makes Writs to supersede the Outlawing of Persons.
1710 J. Chamberlayne Magnæ Britanniæ Notitia (ed. 23) i. ii. 129 There are Five Clerks or Officers more... 5. Clerk of the Supersedeas, which is held by Patent. But before King James the First's time the Writs of Supersedeas were made by the Exigenter.
1761 London & Environs Described II. 165 There are besides a clerk of the King's silver;..a clerk of the supersedeas;..four criers and a porter.
1837 W. Tidd New Pract. Courts of King's Bench, Common Pleas, & Exchequer of Pleas Add. 638 In the court of Common Pleas, they are the offices of..exigenter, and clerk of the supersedeas; and clerk of the outlawries.
1947 M. Hastings Court of Common Pleas in 15th Cent. Eng. vii. 102 Later in the reign,..the justices resisted the creation by letters patent of a new office of Clerk of the Supersedeas on the ground that such a grant would disseise of their ‘free tenement during their life-time’ the prothonotaries and exigenters of the court.
1972 J. S. Cockburn Hist. Eng. Assizes, 1558–1714 82 Many, like Babbington and Jonas Pinsent, a Western Circuit associate and a clerk of the supersedeas in the Common Pleas, probably held clerical office in other courts.
Compounds
C1. General attributive and objective.
ΚΠ
c1613 ( in T. Stapleton Plumpton Corr. (1839) 30 One which hath bene of old a supersedias mounger.
1710 J. Chamberlayne Magnæ Britanniæ Notitia (ed. 23) ii. 667* Supersedeas Office, is in the Poultry-Compter, London.
1822 J. Comyns's Digest Laws Eng. (ed. 5) VI. 21 A plaintiff may show for cause against a supersedeas issuing, that the defendant has sued out a writ of error before the end of the two terms.
1830 Amer. Jurist & Law Mag. Apr. 380 He is not entitled to an assignment of any supersedeas judgment.
1898 Southwestern Reporter 46 45/2 It was the reference to a supersedeas writ which misled the writer of that opinion into error.
1969 Amer. Jrnl. Legal Hist. 13 325 Many associates, like Babington and Jonas Pinsent, a Western Circuit associate and a clerk of the supersedeas office in the Common Pleas, probably held clerical office in other courts.
2007 T. Berg & J. Procter-Murphy in R. D. Townsend Superseding & Staying Judgments v. 58 (heading) Supersedeas options.
C2.
supersedeas bond n. U.S. Law a secured bond to gain suspension of a judgement and postponement of its execution.
ΚΠ
1801 Laws Kentucky lxxiii. 120 And in all bonds hereafter given on appeals and writs of error, where the judgment of the inferior court shall be affirmed in part, or in whole, the judgment shall be given against the securities in said appeal, or supersedeas bond, as well as against the principal.
1883 Rules Supreme Court United States 23 Supersedeas bonds in the circuit courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect and answer all damages and costs if he fail to make his plea good.
1935 Yale Law Jrnl. 45 97 B..varies the risk of A by himself appealing and giving a supersedeas bond.
2009 J. B. Oakley & V. D. Amar Amer. Civil Procedure iv. ii. 247 A supersedeas bond is a bond made in the proper amount which can be used to make the other party whole if the appeal is ultimately unsuccessful.
This entry has been updated (OED Third Edition, June 2012; most recently modified version published online March 2022).
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