PERICULO PETENTIS

periculo petentis (p<<schwa>>-rik-y<<schwa>>-loh p<<schwa>>-ten-tis). [Latin] Hist. At the risk of the person seeking. • A private person was liable in damages for a judicial warrant wrongfully issued at that person’s insistence.

“[A] creditor seeking a warrant for the apprehension of his debtor as in meditatione fugae, obtains it periculo petentis, and he, not the judge, will be liable in damages if the debtor can show that the obtaining of the warrant and the using of it were illegal.” John Trayner, Trayner’s Latin Maxims 454 (4th ed. 1894).

[Blacks Law 8th]