Blacks Law - 4th Edition
ORDERS
ORDER. A mandate, precept; a command or direction
authoritatively given; a rule or regulation.
Brady v. Interstate Commerce Commission, D.C.
W.Va., 43 F.2d 847, 850.
The distinction between "order" and "requisition" is
that the first is a mandatory act, the latter a request.
Mills v. Martin, 19 Johns. (N.Y.) 7.
An informal bill of exchange or letter of request
whereby the party to whom it is addressed is directed
to pay or deliver to a person therein named
the whole or part of a fund or other property of
the person making the order, and which is in the
possession of the drawee. People v. Smith, 112
Mich. 192, 70 N.W. 466, 67 Am.St.Rep. 392; State
v. Nevins, 23 Vt. 521. A designation of the person
to whom a bill of exchange or negotiable promissory
note is to be paid.
It is also used to designate a rank, class, or division
of men; as the order of nobles, order of
knights, order of priests, etc.
Orders are also issued by subordinate legislative authorities.
Such are the English orders in council, or orders issued
by the privy council in the name of the king, either
in exercise of the royal prerogative or in pursuance of an
act of parliament. The rules of court under the judicature
act are grouped together in the form of orders, each order
dealing with a particular subject-matter. Sweet.
In French law. The name order (ordre) is given
to the operation which has for its object to fix the
rank of the preferences claimed by the creditors
in the distribution of the price [arising from the
sale] of an immovable affected by their liens. Dalloz,
mot "Ordre."
Practice
Every direction of a court or judge made or entered
in writing, and not included in a judgment.
An application for an order is a motion. Code Civ.
Proc.Cal. § 1003; Code N.Y. § 400 (Civil Practice
Act, § 113). Tyvand v. McDonne, 37 N.D. 251,
164 N.W. 1, 3; First Nat. Bank v. Poling, 42 Idaho
636, 248 P. 19, 20.
General
Agreed order. See Agreed.
Charging order. The name bestowed, in English
practice, upon an order allowed by St. 1 & 2 Vict.
c. 110, § 14, and 3 & 4 Vict. c. 82, to be granted to
a judgment creditor, that the property of a judgment
debtor in government stock, or in the stock
of any public company in England, corporate or
otherwise, shall (whether standing in his own
name or in the name of any person in trust for
him) stand charged with the payment of the
amount for which judgment shall have been recovered,
with interest. 3 Steph.Comm. 587, 588.
Decretal order. In chancery practice. An order
made by the court of chancery, in the nature of a
decree, upon a motion or petition. Thompson v.
McKim, 6 Har. & J. Md. 319; Bissell Carpet Sweep-,
er Co. v. Goshen Sweeper Co., 19 C.C.A. 25, 72 F.
545. An order in a chancery suit made on motion
or otherwise not at the regular hearing of a cause,
and yet not of an interlocutory nature, but finally
disposing of the cause, so far as a decree could
then have disposed of it. Mozley & Whiteley.
Final order. One which either terminates the
action itself, or decides some matter litigated by
the parties, or operates to divest some right; or
one which completely disposes of the subject-matter
and the rights of the parties. Salem King's
Products Co. v. La Follette, 100 Or. 11, 196 P. 416,
417; Stockham v. Knollenberg, 133 Md. 337, 105 A.
305, 307; Marchant & Taylor v. Mathews County,
139 Va. 723, 124 S.E. 420, 423.
General orders. Orders or rules of court, promulgated
for the guidance of practitioners and the
regulation of procedure in general, or in some general
branch of its jurisdiction; as opposed to a rule
or an order made in an individual case; the rules
of court.
Interlocutory order. An order which decides not
the cause, but only settles some intervening matter
relating to it; as when an order is made, on a motion
in chancery, for the plaintiff.to have an injunction
to quiet his possession till the hearing of
the cause. Termes de la Ley; Gas & Electric Securities
Co. v. Manhattan & Queens Traction Corporation,
C.C.A.N.Y., 266 F. 625, 632; Johnson v.
Roberson, 171 N.C. 194, 88 S.E. 231; Theo. Hirsch
Co. v. Scott, 87 Fla. 336, 100 So. 157, 158; Salmons
v. Rugyeri, 103 N.J.Law, 596, 137 A. 568, 569;
Simons v. Morris, 325 Ill. 199, 156 N.E. 280; Joyce
v. Nona Mills Co., 142 La. 934, 77 So. 854.
Money order. See Money.
Restraining order. In equity practice. An order
which may issue upon the filing of an application
for an injunction forbidding the defendant to do.
the threatened act until a hearing on the application
can be had. Though the term is sometimes
used as a synonym of "injunction," a restraining
order is properly distinguishable from an injunction,
in that the former is intended only as a restraint
upon the defendant until the propriety
of granting an injunction, temporary or perpetual,
can be determined, and it does no more than restrain
the proceedings until such determination.
Wetzstein v. Boston, etc., Min. Co., 25 Mont. 135,
63 P. 1043. Mason v. Milligan, 185 Ind. 319, 114
N.E. 3; Labbitt v. Bunston, 80 Mont. 293, 260 P.
727, 730. In English law, the term is specially
applied to an order restraining the Bank of England,
or any public company, from allowing any
dealing with some stock or shares specified in the
order. It is granted on motion or petition. Hunt,.
Eq. p. 216.
Speaking order. An order which contains matter
which is explanatory or illustrative of the mere
direction which is given by it is sometimes thus.
called. Duff v. Duff, 101 Cal. 1, 35 P. 437.
Stop order. The meaning of a stop order given
to a broker is to wait until the market price of the
particular security reaches a specified figure, and:
then to "stop" the transaction by either selling
or buying, as the case may be, as well as possible.
Porter v. Wormser, 94 N.Y. 431.
Order and disposition of goods and chattels.
When goods are in the "order and disposition" of
a bankrupt, they go to his trustee, and have gone
so since the time of James L Wharton.
Order nisi. A provisional or conditional order,
allowing a certain time within which to do some
required act, on failure of which the order will
be made absolute.
Order of discharge. In England. An order made
under the bankruptcy act of 1869, by a court of
bankruptcy, the effect of which is to discharge a
bankrupt from all debts, claims, or demands provable
under the bankruptcy.
Order of filiation. An order made by a court or
judge having jurisdiction, fixing the paternity of
a bastard child upon a given man, and requiring
him to provide for its support.
Order of revivor. In English practice. An order
as of course for the continuance of an abated suit.
It superseded the bill of revivor.
ORDER. A mandate, precept; a command or direction
authoritatively given; a rule or regulation.
Brady v. Interstate Commerce Commission, D.C.
W.Va., 43 F.2d 847, 850.
The distinction between "order" and "requisition" is
that the first is a mandatory act, the latter a request.
Mills v. Martin, 19 Johns. (N.Y.) 7.
An informal bill of exchange or letter of request
whereby the party to whom it is addressed is directed
to pay or deliver to a person therein named
the whole or part of a fund or other property of
the person making the order, and which is in the
possession of the drawee. People v. Smith, 112
Mich. 192, 70 N.W. 466, 67 Am.St.Rep. 392; State
v. Nevins, 23 Vt. 521. A designation of the person
to whom a bill of exchange or negotiable promissory
note is to be paid.
It is also used to designate a rank, class, or division
of men; as the order of nobles, order of
knights, order of priests, etc.
Orders are also issued by subordinate legislative authorities.
Such are the English orders in council, or orders issued
by the privy council in the name of the king, either
in exercise of the royal prerogative or in pursuance of an
act of parliament. The rules of court under the judicature
act are grouped together in the form of orders, each order
dealing with a particular subject-matter. Sweet.
In French law. The name order (ordre) is given
to the operation which has for its object to fix the
rank of the preferences claimed by the creditors
in the distribution of the price [arising from the
sale] of an immovable affected by their liens. Dalloz,
mot "Ordre."
Practice
Every direction of a court or judge made or entered
in writing, and not included in a judgment.
An application for an order is a motion. Code Civ.
Proc.Cal. § 1003; Code N.Y. § 400 (Civil Practice
Act, § 113). Tyvand v. McDonne, 37 N.D. 251,
164 N.W. 1, 3; First Nat. Bank v. Poling, 42 Idaho
636, 248 P. 19, 20.
General
Agreed order. See Agreed.
Charging order. The name bestowed, in English
practice, upon an order allowed by St. 1 & 2 Vict.
c. 110, § 14, and 3 & 4 Vict. c. 82, to be granted to
a judgment creditor, that the property of a judgment
debtor in government stock, or in the stock
of any public company in England, corporate or
otherwise, shall (whether standing in his own
name or in the name of any person in trust for
him) stand charged with the payment of the
amount for which judgment shall have been recovered,
with interest. 3 Steph.Comm. 587, 588.
Decretal order. In chancery practice. An order
made by the court of chancery, in the nature of a
decree, upon a motion or petition. Thompson v.
McKim, 6 Har. & J. Md. 319; Bissell Carpet Sweep-,
er Co. v. Goshen Sweeper Co., 19 C.C.A. 25, 72 F.
545. An order in a chancery suit made on motion
or otherwise not at the regular hearing of a cause,
and yet not of an interlocutory nature, but finally
disposing of the cause, so far as a decree could
then have disposed of it. Mozley & Whiteley.
Final order. One which either terminates the
action itself, or decides some matter litigated by
the parties, or operates to divest some right; or
one which completely disposes of the subject-matter
and the rights of the parties. Salem King's
Products Co. v. La Follette, 100 Or. 11, 196 P. 416,
417; Stockham v. Knollenberg, 133 Md. 337, 105 A.
305, 307; Marchant & Taylor v. Mathews County,
139 Va. 723, 124 S.E. 420, 423.
General orders. Orders or rules of court, promulgated
for the guidance of practitioners and the
regulation of procedure in general, or in some general
branch of its jurisdiction; as opposed to a rule
or an order made in an individual case; the rules
of court.
Interlocutory order. An order which decides not
the cause, but only settles some intervening matter
relating to it; as when an order is made, on a motion
in chancery, for the plaintiff.to have an injunction
to quiet his possession till the hearing of
the cause. Termes de la Ley; Gas & Electric Securities
Co. v. Manhattan & Queens Traction Corporation,
C.C.A.N.Y., 266 F. 625, 632; Johnson v.
Roberson, 171 N.C. 194, 88 S.E. 231; Theo. Hirsch
Co. v. Scott, 87 Fla. 336, 100 So. 157, 158; Salmons
v. Rugyeri, 103 N.J.Law, 596, 137 A. 568, 569;
Simons v. Morris, 325 Ill. 199, 156 N.E. 280; Joyce
v. Nona Mills Co., 142 La. 934, 77 So. 854.
Money order. See Money.
Restraining order. In equity practice. An order
which may issue upon the filing of an application
for an injunction forbidding the defendant to do.
the threatened act until a hearing on the application
can be had. Though the term is sometimes
used as a synonym of "injunction," a restraining
order is properly distinguishable from an injunction,
in that the former is intended only as a restraint
upon the defendant until the propriety
of granting an injunction, temporary or perpetual,
can be determined, and it does no more than restrain
the proceedings until such determination.
Wetzstein v. Boston, etc., Min. Co., 25 Mont. 135,
63 P. 1043. Mason v. Milligan, 185 Ind. 319, 114
N.E. 3; Labbitt v. Bunston, 80 Mont. 293, 260 P.
727, 730. In English law, the term is specially
applied to an order restraining the Bank of England,
or any public company, from allowing any
dealing with some stock or shares specified in the
order. It is granted on motion or petition. Hunt,.
Eq. p. 216.
Speaking order. An order which contains matter
which is explanatory or illustrative of the mere
direction which is given by it is sometimes thus.
called. Duff v. Duff, 101 Cal. 1, 35 P. 437.
Stop order. The meaning of a stop order given
to a broker is to wait until the market price of the
particular security reaches a specified figure, and:
then to "stop" the transaction by either selling
or buying, as the case may be, as well as possible.
Porter v. Wormser, 94 N.Y. 431.
Order and disposition of goods and chattels.
When goods are in the "order and disposition" of
a bankrupt, they go to his trustee, and have gone
so since the time of James L Wharton.
Order nisi. A provisional or conditional order,
allowing a certain time within which to do some
required act, on failure of which the order will
be made absolute.
Order of discharge. In England. An order made
under the bankruptcy act of 1869, by a court of
bankruptcy, the effect of which is to discharge a
bankrupt from all debts, claims, or demands provable
under the bankruptcy.
Order of filiation. An order made by a court or
judge having jurisdiction, fixing the paternity of
a bastard child upon a given man, and requiring
him to provide for its support.
Order of revivor. In English practice. An order
as of course for the continuance of an abated suit.
It superseded the bill of revivor.
