Petitory in United States

Petitory Definition

That which demands or petitions; that which has the quality of a prayer or petition ; a right to ‘demand. A petitory suit or action is understood to be one in which the mere title to property is to be enforced by means of a demand, petition, or other legal proceeding, as distinguished from a suit where only the right of possession and not the mere right of property is in controversy. 1 Kent, Comm. 371; 7 How. (U. S.) 846; 10 How. (U. S.) 257. Admiralty suits touching property in ships are either petitory, in which the mere title to the property is litigated, or possessory, to restore the possession to the party entitled thereto. The American courts of admiralty exercised unquestioned jurisdiction in petitory as well as possessory actions; but in England the courts of law, some time after the restoration in 1660, claimed exclusive cognizance of mere questions of title, until the statute of 3 & 4 Vict. c. 65. By that statute, the court of admiralty was authorized to decide all questions as to the title to or ownership of any ship or vessel, or the proceeds thereof remaining in the registry in any cause of possession, salvage, damage, wages, or bottomry, instituted in such court after the passing of that act. Ware, Dist. Ct. 232; 18 How. (U. S.) 267; 2 Curt. C. C. (U. S.) 426. In Scotch Law. Actions in which damages are sought. , This class embraces such actions as assumpsit, debt, covenant, and detinue, at common law. See Patterson, Comp. 1058, note.

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Legal Issue for Attorneys

That which demands or petitions; that which has the quality of a prayer or petition ; a right to ‘demand. A petitory suit or action is understood to be one in which the mere title to property is to be enforced by means of a demand, petition, or other legal proceeding, as distinguished from a suit where only the right of possession and not the mere right of property is in controversy. 1 Kent, Comm. 371; 7 How. (U. S.) 846; 10 How. (U. S.) 257. Admiralty suits touching property in ships are either petitory, in which the mere title to the property is litigated, or possessory, to restore the possession to the party entitled thereto. The American courts of admiralty exercised unquestioned jurisdiction in petitory as well as possessory actions; but in England the courts of law, some time after the restoration in 1660, claimed exclusive cognizance of mere questions of title, until the statute of 3 & 4 Vict. c. 65. By that statute, the court of admiralty was authorized to decide all questions as to the title to or ownership of any ship or vessel, or the proceeds thereof remaining in the registry in any cause of possession, salvage, damage, wages, or bottomry, instituted in such court after the passing of that act. Ware, Dist. Ct. 232; 18 How. (U. S.) 267; 2 Curt. C. C. (U. S.) 426. In Scotch Law. Actions in which damages are sought. , This class embraces such actions as assumpsit, debt, covenant, and detinue, at common law. See Patterson, Comp. 1058, note.

This definition of Petitory is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Petitory (Attachment )

This section introduces, discusses and describes the basics of petitory. Then, cross references and a brief overview about Attachment is provided. Finally, the subject of Procedure in relation with petitory is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Petitory (Attachment )

This section introduces, discusses and describes the basics of petitory. Then, cross references and a brief overview about Attachment is provided. Finally, the subject of Practice in relation with petitory is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Petitory (Garnishment)

This section introduces, discusses and describes the basics of petitory. Then, cross references and a brief overview about Garnishment is provided. Finally, the subject of
Procedure in relation with petitory is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Petitory (Garnishment)

This section introduces, discusses and describes the basics of petitory. Then, cross references and a brief overview about Garnishment is provided. Finally, the subject of Practice in relation with petitory is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.