writ of audita querela

writ of audita querela
See audita querela.

Ballentine's law dictionary. . 1998.

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  • Audita querela — Au*di ta que*re la [L., the complaint having been heard.] (Law) A writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such… …   The Collaborative International Dictionary of English

  • Audita querela — is a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment.References*Webster s Revised Unabridged Dictionary… …   Wikipedia

  • audita querela — au̇|dēd.əkwəˈrālə noun Etymology: Latin, the complaint having been heard : a largely disused or abolished common law writ lying for a party against whom judgment is recovered but to whom facts constituting a good basis for discharge have… …   Useful english dictionary

  • audita querela — /odayta kwariyla/ The name of a common law writ constituting the initial process in an action brought by a judgment defendant to obtain relief against the consequences of the judgment on account of some matter of defense or discharge arising… …   Black's law dictionary

  • audita querela — /odayta kwariyla/ The name of a common law writ constituting the initial process in an action brought by a judgment defendant to obtain relief against the consequences of the judgment on account of some matter of defense or discharge arising… …   Black's law dictionary

  • Writ — For other uses, see Writ (disambiguation). In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas… …   Wikipedia

  • Motion to set aside judgment — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • brevia anticipantia — /briyviya aentisapaensh(iy)a/ At common law, anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; warrantia chartce; monstraverunt; audita querela; curia claudenda; and ne injuste vexes …   Black's law dictionary

  • brevia anticipantia — /briyviya aentisapaensh(iy)a/ At common law, anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; warrantia chartce; monstraverunt; audita querela; curia claudenda; and ne injuste vexes …   Black's law dictionary

  • surmise — Idea based on weak evidence, conjecture. Formerly where a defendant pleaded a local custom, for instance, a custom of the city of London, it was necessary for him to surmise, that is, to suggest that such custom should be certified to the court… …   Black's law dictionary

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