Legal Term Dictionary

Lat It is tried or proved.

Lat It is tried or proved. Less...

Lat A good and lawful man. A phrase particularly applied to a juror or witness who was free from all exception. 3 Bl. Comm. 102.

Lat A good and lawful man. A phrase particularly applied to a juror or witness who was free from all exception. 3 Bl. Comm. 102. Less...

In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be. proceeded in there, where it appears to the superior court that it was removed on insufficient grounds. More...

In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be. proceeded in there, where it appears to the superior court that it was removed on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. People, 6 Johns. (N. Y.) 446. A writ which issued out of the common-law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign's name to proceed to give judgment but without specifying any particular judgment Wharton. A writ by which the commission of a justice of the peace is revived, after having been suspended. 1 Bl. Comm. 353. -Procedendo on aid prayer. If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154, Less...

This word is commonly opposed to the sum of legal principles constituting the substance of the law, and denotes the body of rules, whether of practice or of pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distinguished from the law of More...

This word is commonly opposed to the sum of legal principles constituting the substance of the law, and denotes the body of rules, whether of practice or of pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distinguished from the law of evidence. Brown. See Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; Cochran v. Ward, 5 Ind. App. 89, 29 N. E. 795, 31 N. E. 581, 51 Am. St Rep. 229. The law of procedure is what is now commonly termed by jurists "adjective law," Less...

A stipulation not to proceed against a party Is an agreement not to sue. To sue a man is to proceed against him. Planters' Bank v. Houser, 57 Ga. 140; Iliff v. Weymouth, 40 Ohio St 101.

A stipulation not to proceed against a party Is an agreement not to sue. To sue a man is to proceed against him. Planters' Bank v. Houser, 57 Ga. 140; Iliff v. Weymouth, 40 Ohio St 101. Less...

In a general sense, the form and manner of conducting juridical business before a oourt or judicial officer; regular and orderly progress in form of law; Including all possible steps in an action from its commencement to the execution of judgment In a more particular sense, any application to a More...

In a general sense, the form and manner of conducting juridical business before a oourt or judicial officer; regular and orderly progress in form of law; Including all possible steps in an action from its commencement to the execution of judgment In a more particular sense, any application to a court of justice, however made, for aid in the enforcement of rights, for relief, for redress of injuries, for damages, or for any remedial object Erwin v. U. S. (D. C.) 37 Fed. 488, 2 L. R. A. 229; People v. Raymond, 186 111. 407, 57 N. E. 1066; More-wood v. Hollister, 6 N. Y, 309; Uhe v. Railway Co., 3 S. D. 563, 54 N. W. 601; State v. Gordon, S Wash. 488, 36 Pac. 49a -Collateral proceeding. One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question; as in the rule that a judgment cannot be attacked, or a corporation's right to exist be questioned, in any collateral proceeding. Peyton v. Peyton, 2S Wash. 278, 68 Pac. 757; Peoria A P. U. R. Co. v. Peoria & F. R. Co., 105 111. 116.-Executory proceeding. In the law of Louisiana, a proceeding which is resorted to in the following cases: When the creditor's right arises from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor; or when the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code Prac. La. art 732.-Legal proceedings. This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tribunal, for the acquiring of a right or the enforcement of a remedy. Griem v. Fidelity & Casualty Co., 99 Wis. 530, 75 N. W. 67; In re Emslie (D. C.) 98 Fed. 720; Id., 102 Fed. 293, 42 C. C. A. 350; Mack v. Campau, 69 Vt. 558, 38 Atl. 149, 69 Am. St. Rep. 348. -Special proceeding. This phrase has been used in the New York and other codes of procedure as a generic term for all dvil remedies which are not ordinary actions. Code Proc. N. Y. ? 3.-Summary proceeding. Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; i. e., in comparison with the proceedings which alone would have been applicable, either in the same or analogous cases, if summary proceedings had not been available. Sweet. And see Phillips v. Phillips, 8 N. J. Law, 122; Govan v. Jackson, 32 Ark. 507; Western & A. R. Co. v. Atlanta, 113 Ga. 537, 38 S. E. 990, 54 'L. R. A. 802.-Supplementary proceeding. A separate proceeding in an original action, in which the court where the action'is pending is called upon to exercise its jurisdiction in aid of the judgment in the action. Bryant v. Bank of California (Cal.) 7 Pac. 130. In a more particular sense, a proceeding in aid of execution, authorized by statute in some states in cases where no leviable property of the judgment debtor is found. It is a statutory equivalent in actions at law of the creditor's bill in equity, and in states where law and equity are blended, is provided as a substitute therefor. In this proceeding the judgment debtor is summoned to appear before the court (or a referee or examiner) and submit to an oral examination touching all his property and effects, and if property subject to execution and in his possession or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed. See In re Burrows, 33 Kan. 675, 7 Pac. 148; Eikerberry v. Edwards, 67 Iowa, 619, 25 N. W. 832, 56 Am. Rep. 360. Less...

In practice. The steps or measures taken in the course of an action, including all that are taken. The proceedings of a suit embrace all matters that occur in its progress judicially. Morewood v. Hollister, 6 N. Y. 320.

In practice. The steps or measures taken in the course of an action, including all that are taken. The proceedings of a suit embrace all matters that occur in its progress judicially. Morewood v. Hollister, 6 N. Y. 320. Less...

Issues; produce; money obtained by the sale of property; the sum, amount, or value of property sold or converted into money or into other property. See Hunt v. Williams, 126 Ind. 493, 26 N. E. 177; Andrews v. Johns, 59 Ohio St 65, 51 N. E. 880; Belmont v. Ponvert, More...

Issues; produce; money obtained by the sale of property; the sum, amount, or value of property sold or converted into money or into other property. See Hunt v. Williams, 126 Ind. 493, 26 N. E. 177; Andrews v. Johns, 59 Ohio St 65, 51 N. E. 880; Belmont v. Ponvert, 35 N. Y. Super. Ct 212. Less...

Nobles; lords. The house of lords in England is called, in Latin, "Do-mus Procerum."

Nobles; lords. The house of lords in England is called, in Latin, "Do-mus Procerum." Less...

In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutions passed at a meeting of shareholders, or to the report of a commission to take testimony. It can also be applied to More...

In French law. A written report, which is signed, setting forth a statement of facts. This term is applied to the report proving the meeting and the resolutions passed at a meeting of shareholders, or to the report of a commission to take testimony. It can also be applied to the statement drawn up by a huissicr in relation to any facts which one of the parties to a suit can be interested in proving; for instance the sale of a counterfeited object Statements, drawn up by other competent authorities, of misdemeanors or other criminal acts, are also called by this name. Arg. Fr. Merc Law, 570. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public ofllcer and of what he himself does on the occasion. Hall v. Hall, 11 Tex. 526, 530. Less...