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单词 writ of summons
释义

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writ of summons

Phrases

P1. writ of summons. [Compare Anglo-Norman bref de somonse, lettre de somonse (both 14th cent. or earlier).]
a. The act of the monarch in ordering the nobility or a member of the nobility to attend a national council or parliament; (also) the formal document of writ by which this is done (obsolete). Hence also: the act of conferring a peerage (esp. the rank of baron); an instance of this. (now historical). Cf. sense 1b.
ΚΠ
1613 T. Milles tr. P. Mexia et al. Treasurie Auncient & Moderne Times v. v. 475/2 Henrie Stanley, Earle of Darby, was by Writ of Summons called vnto Parliament..and placed in the same seate wherein the Barons Strange of Knokin were wont of ancient time to sit.
1660 R. Coke Elements Power & Subjection 109 in Justice Vindicated In every Writ of Summons to the Bishops, there is a clause requiring them to summon these persons to appear personally at the Parliament.
1721 Daily Post 18 Mar. 1/2 Hugh Fortescue of Filly in the County of Devon Esq; having lately demanded a Writ of Summons to Parliament..is accordingly call'd up to the House of Lords by the Title of Baron Clinton.
1804 W. Cruise Digest Laws Eng. Real Prop. III. 207 The eldest son of a peer has been called to parliament by writ of summons, by the title of a barony then vested in his father.
2011 Times (Nexis) 15 Sept. 31 In the Middle Ages many titles, particularly baronies, were by Writ of Summons and could pass through the female line.
b. Law. An official writ giving notice that a court action has begun, and ordering the recipient to appear as a defendant in court at a specified time, in default of which the court may proceed to judgement and sentencing in his or her absence; = sense 2b.
ΚΠ
1844 J. F. Archbold New Pract. Attornies II. 318 Where a defendant agreed to accept service of a writ of summons, in order to avoid further expense,..this was holden to be a waiver of objection to the writ.
1875 Act 38 & 39 Vict. c. 77 Ord. ii. §1 Every action in the High Court shall be commenced by a writ of summons.
1999 Internat. Legal Materials 38 881 On 12 December 1996, the two commercial firms issued a writ of summons and statement of claim against Mr. Cumaraswamy in the High Court of Kuala Lumpur.
P2. summons and severance: the summoning to court of a person who is jointly affected by a cause of action and who refuses to cooperate with the other affected person or persons, and the subsequent permanent severance of this person from the cause of action if he or she confirms the intention not to join it at this point in time. Cf. severance n. 2c. Now historical and rare.
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1648 W. Sheppard Touch-stone Common Assurances xxiii. 484 One Executor cannot be charged without his companions, except it be in the case of Summons and Severance.
1700 Law Ejectm. 261 For in nullo est erratum being pleaded before, there could not now be any Summons and Severance.
1929 Yale Law Jrnl. 38 255 The appellee moved for dismissal on the ground of nonjoinder without summons and severance.
1954 Harvard Law Rev. 68 59 Consigned, without mourners, to the legal limbo of writs of error, bills of exceptions, summons and severance, and similar vestiges of procedural antiquity.
extracted from summonsn.
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