HopefullyInLawSchool
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Simple English definitions for legal terms
writ of quominus
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A quick definition of writ of quominus:
A writ of quominus is a legal document from the 14th century that was used to collect debts. It was a way for someone who owed money to the king to claim that they couldn't pay because someone else owed them money. This allowed them to sue the person who owed them money in court. Even though it was a fiction, it became a common way for people to collect private debts.
A more thorough explanation:
A writ of quominus is a legal term that originated in the 14th century. It was a type of Exchequer writ used to allege that the plaintiff had lent the defendant a sum of money and that the plaintiff was unable to repay a debt of similar amount to the Crown because of the debt to the defendant.
For example, if John owed money to the king but couldn't pay because Jane owed him money, John could use a writ of quominus to sue Jane for the debt owed to him. This allowed John to collect his debt from Jane and pay the king.
The writ of quominus was a legal fiction that allowed private citizens to sue in the court of the king to collect a private debt. It was a way to collect the royal revenue, but it became a means for citizens to collect their debts.
Overall, the writ of quominus was a legal tool used to collect debts owed to the Crown by allowing private citizens to sue each other for their debts.