Procedendo

Procedendo

In common law jurisprudence, "procedendo" is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment.

"The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be."

"State ex rel. Davey v. Owen", 133 Ohio St. 96, 106 (Ohio 1937).

The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt.

Inherently, the most important limitation on this jurisdiction is that the writ of mandamus is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion. In other words, so far as the writ affects the action of inferior courts, its use is not to be extended to compel the rendition of a particular judgment, in accordance with the views of a higher court.

"In re Press Printers & Publishers, Inc.", 12 F.2d 660, 664 (3d Cir. 1926)

It corresponds to "certiorari", except that "certiorari" is a higher court's order to a lower court to send the record of a case to it for appellate review.


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Look at other dictionaries:

  • Procedendo — Pro ce*den do, n. [Abl. of the gerundive of L. procedere. see {Proceed}.] (Law) (a) A writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the …   The Collaborative International Dictionary of English

  • procedendo — pro·ce·den·do /ˌprō sə den dō/ n [Latin, ablative of procedendum, gerund of procedere to proceed]: an extraordinary writ ordering a lower court to proceed to or execute a judgment Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • procedendo — /prowsadendow/ Action wherein court of superior jurisdiction orders court of inferior jurisdiction to proceed to judgment, but has no bearing on nature of judgment to be entered. State ex rel. Jacobs v. Municipal Court of Franklin County, 26 Ohio …   Black's law dictionary

  • procedendo on aid prayer — /prowsadendow on eyd pre(ya)r/ If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de… …   Black's law dictionary

  • procedendo on aid prayer — See procedendo de loquela …   Ballentine's law dictionary

  • procedendo — pro·ce·den·do …   English syllables

  • procedendo — An order or writ issued by an appellate court commanding a court of inferior jurisdiction to proceed to judgment in a case pending before it, but not attempting to control the inferior court as to what the judgment should be. State ex rel. Davey… …   Ballentine's law dictionary

  • procedendo — ˌprōsəˈden(ˌ)dō noun ( s) Etymology: Latin, abl. of procedendum, gerund of procedere to proceed more at proceed : a writ issuing out of a superior court to an inferior court authorizing or directing the inferior court to act upon certain matters… …   Useful english dictionary

  • procedendo ad judicium — A remedy under early English common law and chancery practice to compel an inferior tribunal to proceed to judgment in a given case where the judge of such court was delaying the proceeding, but without directing any particular judgment. Re Press …   Ballentine's law dictionary

  • procedendo de loquela — A king s writ which directed the court to proceed in a tenant s real action, in response to the latter s aid prayer. The aid prayer was a call for assistance to plead because of the feebleness or imbecility of the estate of the tenant himself.… …   Ballentine's law dictionary

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