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Topic: Writ of summons


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In the News (Sat 28 Nov 09)

  
  SUMMONS - LoveToKnow Article on SUMMONS   (Site not responding. Last check: 2007-10-20)
The tenor of the writ is to require the defendant to appear and answer the claim, and to indicate the consequences of non-appearance, viz.
I Disobedience to the writ is punished as contempt of court.
The summons is a writ in the sovereigns name, signed by a writer to the signet, citing the defender to appear and answer the claim.
60.1911encyclopedia.org /S/SU/SUMMONS.htm   (1365 words)

  
 Summons - Wikipedia, the free encyclopedia
As such, the summons is the true descendant of the writ of the common law.
The federal summons is usually issued by the Clerk of the Court, in many states the summons may be issued by an attorney, though some states use filing as the means to commence an action and the summons must be filed in those cases in order to be effective.
A citation or notice to appear is a type of summons prepared and served at the scene of the occurrence by a law enforcement official, compelling the appearance of a defendant before the local magistrate within a certain period of time to answer for a minor traffic infraction or misdemeanor or other summary offence.
en.wikipedia.org /wiki/Summons   (328 words)

  
 Peerage law - Wikipedia, the free encyclopedia
In 1626, the King decided not to issue a writ of summons to John Digby, 1st Earl of Bristol, who was charged with, but not convicted for, high treason.
Writs of summons are issued to peers upon the summoning of each new Parliament.
The central question was whether writs of summons have a continuing effect throughout Parliament, or whether their effect was "spent" once a peer entered Parliament and handed it in to the Clerk.
en.wikipedia.org /wiki/Peerage_law   (5025 words)

  
 Italy - Issue 17, January 2002
IT is common for claimants in Italy to serve a writ of summons against ship agents as representatives of owners/carriers in the ports called by the vessel.
They have traditionally held that writs are valid to the extent that defendants can be identified elsewhere, and particularly through the attachment to the writ of documents to be produced at a later date.
Thus, it was concluded that the writ of summons, and the whole proceeding, was held to be void.
www.maritimeadvocate.com /i17_ital.php   (459 words)

  
 House of Lords Journal Volume 2: Note of writs | British History Online
The Writ of Summons of Thomas Lord Gerrard of Gerrards Bromley.
The Writ of Summons of Frauncis Lord Norreis of Ricott.
The Writ of Summons of Lodowicke Earl of Richmond.
www.british-history.ac.uk /report.asp?compid=28645   (253 words)

  
 BERKELEY (FAMILY) - LoveToKnow Article on BERKELEY (FAMILY)   (Site not responding. Last check: 2007-10-20)
Thomas, son of Maurice, was allowed to succeed his father in the lands, and, having a writ of summons to parliament in 1295, he is reckoned the first hereditary baron of the line.
Nevertheless, his nephew and heir male was summoned as a baron from 1421, apparently by reason of his tenure of the castle and its lands.
On his death in I8i, the validity of this alleged marriage was tested by the committee of privileges of the House of Lords, and it was shown without doubt that the evidence for it, a parish register entry, was a forgery.
80.1911encyclopedia.org /B/BE/BERKELEY_FAMILY_.htm   (2748 words)

  
 type_Document_Title_here
Although this writ is idiosyncratic by comparison with later standardised writs of summons it explicitly embodies the requirement that the knights shall have full powers and it implies that at least one of their functions is to carry local information to the central government.
If we had only the writs of summons we would be obliged to assume that the principal function of parliament was politics, the great business of the king and kingdom which could mean whatever the king wanted it to mean at the time.
The writs of summons to parliament usually state that the assembly is being held so that the king can discuss with his magnates and others the great business of the king and kingdom.
www.the-orb.net /wales/esknights/knights.htm   (8761 words)

  
 House of Lords - Privileges - Minutes of Evidence
The other is by issue of a writ of summons and consequence of obedience of that writ of summons which even in the absence of letters patent creates a peer.
Nonetheless, we say the analogy is exact because these are all writs of summons, they are phrased in a particular way and it is the incidents of those writs and what one needs to do by way of response to those writs which is critical to the argument that we advance.
The issue of the writ is a sine qua non, which is why it was felt necessary for the House to invite the monarch to issue a writ of summons to someone who was entitled to receive it.
www.parliament.the-stationery-office.co.uk /pa/ld199899/ldselect/ldprivi/106i/9101404.htm   (3483 words)

  
 Articles - Hereditary peer   (Site not responding. Last check: 2007-10-20)
The former is merely a summons of an individual to Parliament—it does not explicitly confer a peerage—and descent is always to heirs of the body, male and female.
However, Edward IV introduced a procedure known as a writ of acceleration, whereby it is possible for the eldest son of a peer with multiple titles to sit in the House of Lords by virtue of one of his father's subsidiary dignities.
A writ of acceleration is a type of writ of summons that enables the eldest son of a peer to attend the House of Lords using one of his father's subsidiary titles.
www.gaple.com /articles/Writ_of_summons   (3727 words)

  
 law.com - Modified Writ of Summons Triggers Removal Clock
In his motion for remand, Mongeluzzi noted that the writ specifically stated that the plaintiff was seeking "more than $150,000" and that the plaintiff and defendant were "citizens" of different states.
Hatzell also argued that a writ of summons cannot be considered an "initial pleading" that starts the clock running for purposes of removing a case to federal court.
"A writ of summons is notably absent from the list of pleadings allowed [in Rule 1017 of the Pennsylvania Rules of Civil Procedure]," Hatzell wrote.
www.law.com /jsp/article.jsp?id=1094073190879   (855 words)

  
 Karibi Whyte Vindicates Littoral States Text of the minority ruling on the jurisdiction of the Supreme Court on the ...   (Site not responding. Last check: 2007-10-20)
The statement of claim of the Plaintiff was relied upon in amplification of the endorsement of the writ of summons and to argue that the purpose so indicated has any relationship with the claim, which is the determination of the seaward boundary of littoral states.
Analysis of the writ of summons and statement of claim and the trend of the action appears to justify the criticism.
The endorsement on the writ o summons and the averments in paragraphs of the statement of claim demonstrate unequivocally the academic nature of the claim in the writ of summons, and the lack of bona fides of the Plaintiff in respect of the claim.
www.nigerdeltacongress.com /karticles/karibi_whyte_vindicates_littoral.htm   (9218 words)

  
 Subpoena duces tecum - Wikipedia, the free encyclopedia
A subpoena duces tecum (Latin for "bring with under penalty of punishment") is a court summons to appear and produce tangible evidence for use at a hearing or trial.
In law a subpoena (literally "under punishment") is a court order requiring a person's appearance, also (in some jurisdictions) called a summons.
It is similar to subpoena ad testificandum (writ of summons to testify) but it includes clauses to bring in hand books, papers, etc. for the court.
en.wikipedia.org /wiki/Subpoena_duces_tecum   (164 words)

  
 RICHARD KNOLLES - LoveToKnow Article on RICHARD KNOLLES   (Site not responding. Last check: 2007-10-20)
In the Convention Parliament of 1660 some objection was taken to the earl sitting in the House of Lords, and in 1661 he was not summoned to parliament; he had not succeeded in obtaining his writ of summons when he died on the I4th of March 1674.
The House of Lords declared that he was not a peer and therefore not so entitled, but the court of king's bench released him from his imprisonment on the ground that he was the earl of Banbury and not Charles Knollys a commoner.
However, in 1806 Thomas Woods's son William (1763-1824), who attained the rank of general in the British army, asked for a writ of summons as earl of Banbury, but in 1813 the House of Lords decided against the claim.
64.1911encyclopedia.org /K/KN/KNOLLES_RICHARD.htm   (2374 words)

  
 [No title]
The district court held that the mere filing of the writ of summons, without the filing of a complaint, was insufficient as a matter of law to constitute a rejection of arbitration.
Filing a Pennsylvania Writ of Summons cannot constitute an unequivocal refusal to arbitrate because the Writ is silent as to the subject matter of the dispute.
Indeed, Pennsylvania courts have emphasized that a Writ of Summons is not a "pleading." Fox v.
vls.law.vill.edu /locator/3d/Aug1995/95a1119p.doc   (2928 words)

  
 House of Lords - Privileges - Minutes of Evidence
It is unsafe, when approaching a question about a writ of summons, to rely upon modern linguistic methods or methods of construction appropriate to a modern document because it has, as I say, an identified function and nature.
My Lord, whether one can use the words "writ of summons" in effect, the people who chose to use that terminology, the first people to use what the noble Lord the Lord Chancellor called "arcane peerage law", were the Government in their bill.
The only importance of calling it a writ in acceleration is that it prevents anybody coming along in many years' time trying to say there was a further barony created by writ when my Lord Lord Cranborne took his seat in 1992, to show it was the same peerage.
www.parliament.the-stationery-office.co.uk /pa/ld199899/ldselect/ldprivi/106i/9101802.htm   (3480 words)

  
 Supreme Court Rules - Rule 8 — Form and Commencement of Proceedings   (Site not responding. Last check: 2007-10-20)
(2) A writ of summons shall be endorsed either with a statement of claim or with a concise statement of the nature of the claim made and the relief required in the action.
(8) A writ of summons shall be signed by the plaintiff or by or for the plaintiff's solicitor.
(12) If a writ of summons has been lost, the court, on being satisfied of the loss and the correctness of a copy of the writ, may order that the copy be filed and stand in the place of the originally filed writ.
www.ag.gov.bc.ca /courts/civil/sup_crt_rules/rules/htm/rule_8.htm   (432 words)

  
 BelizeLaw.Org >Laws of Belize
A writ of summons has to issue and pleadings have to be done, and the issues stated in the appearance will have to be determined by Court.
The applicants are ordered to have a writ of summons specially indorsed, issued within seven days of today.
The respondents are to deliver their defence within eight days of the day the writ of summons is served on them.
www.belizelaw.org /judgements/awich/awich_105.html   (1217 words)

  
 BelizeLaw.Org >Laws of Belize
Entering conditional appearance; application to set aside writ of summons for want of jurisdiction; whether filing defence before application is determined is submitting to jurisdiction.
The company applied and got service and the writ of summons set aside on the ground that both parties were German nationals, the contract was entered into in Germany, German law applied and dismissal was effected in Germany.
Secondly, the decisions of the courts in England about the exercise of discretion when considering whether or not to grant leave to issue writ of summons for service outside the jurisdiction or for leave to serve the writ outside the jurisdiction are not predictable with much certainty.
www.belizelaw.org /judgements/awich/awich_516.html   (3368 words)

  
 CITATION - LoveToKnow Article on CITATION   (Site not responding. Last check: 2007-10-20)
citare, to cite), in law, a summons to appear, more particularly applied in England to process in the probate and divorce division of the high court.
In Scots law, citation is used in the sense of a writ of summons.
The word in its more general literary sense means the act of quoting, or the referring to an authority in support of an argument.
26.1911encyclopedia.org /C/CI/CITATION.htm   (127 words)

  
 ROY BRAEDON v. MICHAEL DAVID HYNES No. 188 of 1986 Limitation of action - Practice and Procedure
The Writ of Summons was not issued until 3 March 1985; i.e.
The Writ is endorsed with a statement of the plaintiff's claim and, as well, a statement that he seeks an extension of time for instituting this action pursuant to s.44 of the Limitation Act.
So far as the delay between the issue of the Writ and its service is concerned, I accept that this is a matter that may be taken into account in the exercise of the discretion, but here again there is nothing to suggest that the plaintiff was at fault.
www.nt.gov.au /ntsc/doc/sentencing_remarks/0/86/0/NS000070.htm   (3998 words)

  
 [No title]   (Site not responding. Last check: 2007-10-20)
Under the writ of summons Aspocomp Group Oyj is to appear before the court in France on September 10, 2002 and present its re- sponse to the demands of the plaintiff.
According to the expert opinion available, the writ of summons and the claims presented therein are unfounded and they will be answered in due time.
As a consequence, it is estimated that the writ of summons will not have any impact on the profitability or on the balance sheet or the financial position of the company.
www.aspocomp.com /investor/tiedotteet_r.html?Id=hex_200207181215.html&Tulosta=1   (156 words)

  
 Undefended & Joint Divorces
The person who starts an undefended divorce proceeding is the “plaintiff.” The other spouse is the “defendant.” The legal reasons or grounds for granting a divorce are discussed in the script 120 on “Requirements for Divorce and Annulment.” The BC Supreme Court is the court that handles divorces.
Once the Writ of Summons and Statement of Claim have been prepared and signed, they must be filed, along with the marriage certificate or certified copy, in the Supreme Court Registry.
The Writ of Summons and Statement of Claim cannot be served by you.
www.cba.org /bc/public_media/family/121.aspx   (1352 words)

  
 RULES AND PROCEDURES TO IMPLEMENT ATTACHMENT LAW (RSA 511-A)
The petition to attach shall be fastened to the face of the writ of summons.
The original writ and copies are then to be given to the sheriff, or his deputy, for service on the defendant; immediately after such service, that writ, together with the sheriff's return, is to be entered in Court.
The writs of attachment and summons, together with copies, shall be delivered to the sheriff, or his deputy, with directions to serve the writ of attachment first, within the time directed by the Court's order, and immediately thereafter the writ of summons.
www.courts.state.nh.us /rules/sror/sror-t.htm   (542 words)

  
 Court Services & Facilities
A Writ of Summons (Form No.1) and the accompanying acknowledgement of service (Form No.14) can be obtained at the District Court Registry.
When the defendant is served with the Writ and the acknowledgement of service (Form 14), he must fill in the Form No. 14 to indicate if he wishes to defend the action, and file it with the Registry within 14 days.
A memorandum of agreed directions as to the further conduct of the proceedings may be signed by the parties and filed within 14 days after the close of pleadings - the statement of claim, defence and / or the counterclaim as well as plaintiff's reply and / or defence to the counterclaim.
www.judiciary.gov.hk /en/crt_services/pphlt/html/dc.htm   (2708 words)

  
 Dred Scott | Washington University in St. Louis
Writ of summons to Miles H. Clark, John Carter, Catherine Anderson, Thomas O'Flaherty, Henry T. Blow, Thomas Gray, Samuel Russell, Mrs.
Writ of summons to Miles H. Clark, John Carter, Stewart Carter, Catherine Anderson, Thomas O'Flaher-ty, Henry T. Blow, Thomas Gray, Samuel Russell, Mrs.
Writ of summons to Joseph Charless and Taylor Blow; issued December 22, 1849
library.wustl.edu /vlib/dredscott/circuit2.html   (455 words)

  
 Irvine scorns prospect of saving hereditary peers
John Lofthouse, an expert in peerage law, believes that the Government is mistaken to attempt to legislate that "no one shall be a member of the House of Lords by virtue of a hereditary peerage".
Writs are issued at the start of each Parliament to all eligible to sit, including hereditaries, and to those who succeed to a hereditary peerage or are created life peers during a Parliament.
Mr Lofthouse claims that a writ of summons cannot be revoked half way through a Parliament, as, he argues, would effectively happen if hereditary peers were removed from the Lords before the next election.
www.telegraph.co.uk /htmlContent.jhtml?html=/archive/1999/04/28/nlor28.html   (371 words)

  
 Archives - June 2004 | Houses of Parliament
When the holder of a title died, his (or more rarely her) heir would apply for a Writ of Summons to attend Parliament as part of the course of asserting their right to the peerage.
Complications arose when a serious doubt existed about the legitimacy of the claim, for example where the claimant was not a direct descendant, there was uncertainty about the legitimacy of a marriage or there was more than one claimant to the title.
To call a peerage out of abeyance or assert a claim where right may be under dispute, the claimant had to apply to the Crown for the receipt of a Writ of Summons.
www.parliament.uk /parliamentary_publications_and_archives/parliamentary_archives/archives___june_2004.cfm   (248 words)

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