scire facias

from WordNet (r) 3.0 (2006)
scire facias
    n 1: a judicial writ based on some record and requiring the
         party against whom it is brought to show cause why the
         record should not be enforced or annulled
    
from The Collaborative International Dictionary of English v.0.48
Scire facias \Sci`re fa"ci*as\ (s[imac]`r[-e]
   f[=a]"sh[i^]*[a^]s). [L., do you cause to know.] (Law)
   A judicial writ, founded upon some record, and requiring the
   party proceeded against to show cause why the party bringing
   it should not have advantage of such record, or (as in the
   case of scire facias to repeal letters patent) why the record
   should not be annulled or vacated. --Wharton. Bouvier.
   [1913 Webster]
    
from Bouvier's Law Dictionary, Revised 6th Ed (1856)
SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon 
some record, and requiring the defendant to show cause why the plaintiff 
should not have the "advantage of such record; or, when it is issued to 
repeal letters-patent, why the record should not be annulled and vacated. 3 
Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr. 
h.t. 
     2. It is, however, considered as an action, and in the nature of a new 
original. Skin. 682; Com. 455. 
     3. The scire facias against a bail, against pledges in replevin, to 
repeal letters-patent, or the like, is an original proceeding; but when 
brought to revive a judgment after a year and a day, or upon the death or 
marriage of the parties, when in the latter case one of them is a woman; or 
when brought on a judgment quando, &c., against an executor, it is but a 
continuation of the original action. Vide 1 T. R. 388. Vide generally, 11 
Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h.t. 2 Saund. 72 
e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h.t. 
    

[email protected]