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PROCEDENDO Definition & Legal Meaning

Definition & Citations:

In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in there, where it appears to the superior court that it was re- moved on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. People, 6 Johns. (N. Y.) 440. A writ which issued out of the common- law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court In the sovereign’s name to proceed to give judgment, but without specifying any particular judgment Wharton. A writ by which the commission of a justice of the peace is revived, after having been suspended. 1 Bl. Comm. 353.


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