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Cases cited for the legal proposition you have searched for.

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1

...          So ordered. ‘ Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire...Connecticut's laws. Conn.Gen.Stats. § 52-330. The somewhat elaborate scire facias formalities under the succeeding sections of the state's laws...are not followed by federal courts, although the relief scire facias affords may be obtained. See Fed.R.Civ.P. 81(b...


Court: United States District Court, D. Connecticut
Date: Dec 18, 1969 Cited By: 0
2

...against that person should not be revived." BLACK'S LAW DICTIONARY (8th ed. 2004). Under Texas law, "[t]he scire facias and returns thereon . . . shall conform to the requisites of citations and the returns thereon, under the provisions of these rules." TEX. R. CIV. P. 154. Rule 81(b) provides that "writs of scire facias and mandamus are...the date that the judgment becomes dormant." Id. at § 31.006. Scire facias refers to "[a] writ requiring the person against whom it is issued to appear and show cause . . . why a dormant judgment...by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules." FED. R. CIV. P. 81(b). This court...


Court: United States District Court, S.D. Texas, Houston Division.
Date: Jul 28, 2006 Cited By: 1 Coram: 1
3

...mandamus from the Court, which has been abolished. See Fed.R.Civ.P. 81(b) ("The writs of scire facias and mandamus are abolished."). In place of the writ of mandamus is the "action in the...U.S.C. § 1361. To initiate an action in the nature of mandamus, a litigant must file a civil complaint. See R. 81(b) ("Relief heretofore available by mandamus or scire facias may be obtained by...and monthly income and expenditure. Accordingly, the Court DIRECTS the Clerk of Court to re-designate this case as a civil action in the nature of mandamus. The Court...


Court: United States District Court, S.D. Illinois.
Date: Aug 30, 2010 Cited By: 0
4

.... The Federal Rules of Civil Procedure, in large part, abolished the common law writ of mandamus in the United States District Courts. See FED. R. CIV. P. 81(b) ("The writs of scire facias and mandamus are...abolished."); 12 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 3134 (2d ed. 1997). However, the Mandamus Act...plaintiff." 28 U.S.C. § 1361. To establish jurisdiction and an entitlement to relief under the Mandamus Act, the movant must satisfy three elements: "(1) the...


Court: United States District Court, N.D. Texas, Dallas Division.
Date: Jan 7, 2009 Cited By: 0 Coram: 1
5

...writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed.... (Doc. 1). In filing the instant Writ of Mandamus, Petitioner is seeking enforcement of the automatic stay pursuant to 11 U.S.C. § 362 and also for the...States Bankruptcy Code, the undersigned and this Court are unable to grant the relief requested by Petitioner. Accordingly, Petition's Writ of Mandamus is due to be DENIED. (Doc. 1). The Court will enter...


Court: United States Bankruptcy Court, M.D. Alabama.
Date: Jun 13, 2006 Cited By: 0
6

..."abolished" the writ of mandamus in the district courts and direct litigants to pursue similar relief through the rules. Fed. R. Civ. P. 81(b). That Rule states in full: "The writs of scire facias and mandamus are... Attorney James C. Robinson and his law firm, Critique Services, LLC ("Critique") — the petitioners — formerly represented debtor Latoya Steward in her bankruptcy case (Bankruptcy Case...No. 11-46399), which is still pending. Steward now alleges that Robinson and Critique mishandled her case, and she filed what the Bankruptcy Court termed a "Motion to Disgorge" their attorneys' fees...


Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Date: Dec 10, 2013 Cited By: 0 Coram: 1
7

.... H.Rep. No. 308 to accompany H.R. 3214 (80th Cong., 1st Sess. 1947) p. A239. Rule 81 provides: "(b) Scire Facias and Mandamus. The...writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice..., as the case may require. And if such executor or administrator, having been duly served with a scire facias from the office of the clerk of the court where the suit is depending twenty days...


Court: United States District Court, S.D. New York.
Date: Aug 8, 1950 Cited By: 14 Coram: 1
8

... 2 person should not be revived." Black's Law Dictionary (8th ed. 2004). Under Texas law, "[t]he scire facias and returns thereon ... shall conform to the requisites of citations and the returns thereon, under the provisions of these rules." Tex. R. Civ. P. 154. Rule 81(b) provides that "writs of scire facias and mandamus are.... § 31.006. Scire facias refers to "[a] writ requiring the person against whom it is issued to appear and show cause . . . why a dormant judgment against that United States District Court.... Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules." Fed. R. Civ. P. 81(b). This...


Court: Southern District of Texas
Date: Feb 21, 2026 Cited By: 0
9

... 2 person should not be revived." Black's Law Dictionary (8th ed. 2004). Under Texas law, "[t]he scire facias and returns thereon ... shall conform to the requisites of citations and the returns thereon, under the provisions of these rules." Tex. R. Civ. P. 154. Rule 81(b) provides that "writs of scire facias and mandamus are.... § 31.006. Scire facias refers to "[a] writ requiring the person against whom it is issued to appear and show cause . . . why a dormant judgment against that United States District Court.... Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules." Fed. R. Civ. P. 81(b). This...


Court: Southern District of Texas
Date: Feb 21, 2026 Cited By: 0
10

...). Rule 81(b) provides that writs of scire facias and mandamus are abolished, and that relief heretofore available may be obtained by.... Scire facias refers to a writ requiring the person against whom it is issued to appear and show cause why some matter of record should not be enforced, annulled, or vacated, or why a dormant.... A writ of scire facias shall conform to the requisites of citations and the returns thereon under the provisions of the Texas Rules of Civil Procedure...


Court: UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Date: Jun 2, 2020 Cited By: 1 Coram: 1
11

...petitioner has another adequate legal remedy. See United States ex rel. Girard Trust Co. v. Helvering, 301 U.S. 540, 544 (1937); Fed. R. Civ. P. 81(b) ("The writs of scire facias and mandamus are...undersigned, (Doc. 4), is denied, his motion for a writ of mandamus (Doc. 12) is denied as moot, and his motion to amend the complaint, (Doc. 17), is denied as moot. I. THE MOTION TO.... : : CASE NO.: 7:25-CV-00117-WLS RON JAMES and DYLAN GROVES, : : Defendants. : : ORDER...


Court: Middle District of Georgia
Date: Sep 17, 2026 Cited By: 0
12

.... Rule 81(b): "The writs of scire facias and mandamus are abolished. Relief heretofore available by...mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules." Petitioner was employed in the New...abolished by Rule 81(b), similar relief is still available and the substantive rights of the parties are governed by principles which have formerly been applied in mandamus cases...


Court: United States Court of Appeals, District of Columbia Circuit.
Date: Aug 7, 1939 Cited By: 36 Coram: 1
13

.... H.Rep. No. 308 to accompany H.R. 3214 (80th Cong., 1st Sess. 1947) p. A239. Rule 81 provides: "(b) Scire Facias and Mandamus. The writs of scire...facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these rules...the date of the death of the party to the suit to issue its scire facias to executors and administrators appointed in any State or Territory of the United States which may be served in any judicial...


Court: United States District Court, S.D. New York
Date: Aug 8, 1950 Cited By: 2 Coram: 1
14

...." Clearly jurisdiction rests in this Court, but the action over which it has jurisdiction is "in the nature of mandamus" and not a "petition for a writ of mandamus." The use of the emphasized language in § 1361 is particularly relevant and consistent with the Federal Rules of Civil Procedure. Federal Rule of Civil Procedure 81 makes it clear why the words "action in the nature" are used: "The writs of scire facias and...OPINION and ORDER OF COURT KIM GIBSON, District Judge This matter comes before the Court on the Plaintiff's...appeal is taken pursuant to Local Rule of Court 72.1.3(B). The Court denies the appeal and the Plaintiff's request for oral argument as this matter is easily resolved from a review of the record. This...


Court: United States District Court, W.D. Pennsylvania.
Date: Jun 3, 2009 Cited By: 3 Coram: 1
15

...action of the circuit court on the alias summons. But its action for setting aside the writ of scire facias is also here for review,’ 178 U.S. at page 425, 20 S.Ct. at page 953, and held ‘ that the Circuit Court erred in setting aside the scire facias' and the rule for mandamus was...accompany H.R. 3214, 80th Cong., 1st Sess. 1947, p. A239. Rule 81 provides: ‘ (b) Scire Facias and Mandamus. The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or...require. And if such executor or administrator, having been duly served with a scire facias from the office of the clerk of the court where the suit is depending twenty days beforehand, neglects or...


Court: United States District Court, S.D. California, Central Division
Date: Jul 29, 1955 Cited By: 0
16

.... Federal Rule of Civil Procedure 81(b) “abolished” writs of scire facias and mandamus. Rather, the Rule provides that relief previously available...“Petition of Writ of Supervisory Control,” asking this Court to take action in his pending state criminal actions. The Court construes the Petition as a Petition for a Writ of Mandamus...writ of mandamus, the Court is to construe it as a civil rights action under 42 U.S.C. § 1983 if it complains of prison conditions, or as a habeas...


Court: United States District Court, District of Idaho
Date: Nov 3, 2023 Cited By: 0 Coram: 1
17

...supervisory control over a state court. Federal Rule of Civil Procedure 81(b) particularly “abolished” writs of scire facias and mandamus and instead provides...challenging his conviction and/or sentence. (Id., p. 2). He clarifies that he does not want the Court to construe his request as one for a writ of mandamus but, particularly, for a “writ of...and all parties were tribe members). In Fisher, the United States Supreme Court reviewed the Montana Supreme Court's writ of supervisory control like a writ of mandamus, not...


Court: United States District Court, District of Idaho
Date: Jun 7, 2024 Cited By: 0 Coram: 1
18

...facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate...judgment: As it pertains to this case, scire facias refers to "[a] writ requiring the person against whom it is issued to appear and...the date that the judgment becomes dormant." Id. at § 31.006. "The scire facias and returns thereon . . . shall conform to the requisites of citations and the returns thereon, under the...


Court: United States District Court, N.D. Texas, Dallas Division.
Date: Jul 30, 2004 Cited By: 0 Coram: 1
19

...at 2 & n.l; 28 U.S.C. § 1361; FED. R. CIV. P. 81(b) (“The writs of scire facias and mandamus are...needn't learn the answer. The Federal Rules of Civil Procedure abolished the writ of mandamus for district courts. FED. R. Crv. P. 81(b) (“The writs of scire facias and mandamus are abolished.”). But...Nelson to act. They seek this Court's aid to command a state official to comply with HAVA and the NVRA through a writ of mandamus. Specifically, Plaintiffs ask the Court to order Secretary Nelson to...


Court: United States District Court, Northern District of Texas
Date: Jan 15, 2025 Cited By: 0 Coram: 1
20

.... See Fed.R.Civ.P. 81(b) ("The writs of scire facias and mandamus are abolished."); In re Nagy, 89 F.3d 115, 116 (2d Cir. 1996...", "Petitioner"), has submitted a petition for a Writ of Mandamus to the Court, requesting, among other things, that the Court direct Respondents, Mary Ann Gantner, United States Citizenship and...action'") (quotation marks in original). It is also well-settled that mandamus relief is extraordinary and should not issue unless the action which a plaintiff seeks to compel is...


Court: United States District Court, S.D. New York.
Date: Jul 19, 2005 Cited By: 31 Coram: 1

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