ASSIZE
Legal Dictionary -> ASSIZESearch:
ASSIZEASSIZE, Eng. law. This was the name of an ancient court; it derived its name
from assideo, to sit together. Litt. s. 234; Co. Litt. 153 b., 159 b. It wasa kind of jury before which no evidence was adduced, their verdict beingregarded as a statement of
facts, which they knew of their own knowledge.Bract. iv. 1, 6. 2. The name of assize was also given to a remedy for the restitution ofa freehold, of which the complainant had
been disseised. Bac. Ab. h.t.Assizes were of four kinds: Mort d'ancestor Novel Disseisin DarrienPresentment; and Utrum. Neale's F. & F. 84. This remedy has given way
toothers less perplexed and more expeditious. Bac. Ab. h.t.; Co. Litt. 153-155. 3. The final judgment for the plaintiff in an assize of NovelDisseisin, is, that he recover per
visum recognitorum, and it issufficiently certain. if the recognitors can put the demandant inpossession. Dyer, 84 b; 10 Wentw. Pl. 221, note. In this action, theplaintiff cannot
be compelled to be nonsuited. Plowd. 11 b. See 17 Serg. &R. 187; 1 Rawle, Rep. 48, 9. 4. There is, however, in this class of actions, an interlocutoryjudgment, or award in
the nature of a judgment, and which to divers intentsand purposes, is a judgment; 11 Co. Rep. 40 b; like the judgment of quodcomputet, in account render; or quod partitio fiat,
in partition; quodmensuratio fiat; ouster of aid; award of a writ of inquiry, in waste.; ofdamages in trespass; upon these and the like judgments, a writ of error doesnot lie. 11
Co. Rep. 40 a; Metcalf's Case, 2 Inst. 344 a: 24 Ed. III, 29 B19.
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