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Webster 1913 Edition


Certiorari

Cerˊti-o-ra′ri

,
Noun.
[So named from the emphatic word
certiorari
in the Latin form of the writ, which read
certiorar volumus
we wish to be certified.]
(Law)
A writ issuing out of chancery, or a superior court, to call up the records of a inferior court, or remove a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irregularities may be corrected. It is obtained upon complaint of a party that he has not received justice, or can not have an impartial trial in the inferior court.
☞ A certiorari is the correct process to remove the proceedings of a court in which cases are tried in a manner different from the course of the common law, as of county commissioners. It is also used as an auxiliary process in order to obtain a full return to some other process.
Bouvier.

Webster 1828 Edition


Certiorari

CERTIORARI

,
Noun.
A writ issuing out of Chancery, Kings Bench or other superior court, to call up the records of an inferior court, or remove a cause there depending, that it may be tried in the superior court. This writ is obtained upon complaint of a party, that he has not received justice, or that he cannot have an impartial trial, in the inferior court.