writ of restitution

writ of restitution.

1. The process of enforcing a civil judgment in a forcible-entry-and-detainer action or enforcing restitution on a verdict in a criminal prosecution for forcible entry and detainer. [Cases: Forcible Entry and Detainer 41.]

“In some states, following the British statutes, the prosecutor may have a writ of restitution for the premises immediately on the rendition of a verdict of guilty on an indictment for forcible entry and detainer; and the operation of such writ of restitution is not suspended by an appeal by the defendant.” 35 Am. Jur. 2d Forcible Entry and Detainer § 61, at 931 (1967).

2. A common-law writ issued when a judgment is reversed, whereby all that was lost as a result of the judgment is restored to the prevailing party. [Cases: Appeal and Error 1179. C.J.S. Appeal and Error § 934.]


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