Legal Term Dictionary

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...

In practice. This word Is generally defined to be the means of compelling the defendant in an action to appear in court And when actions were commenced; by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by what More...

In practice. This word Is generally defined to be the means of compelling the defendant in an action to appear in court And when actions were commenced; by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by what was termed "original process," being founded an the original writ, and so called also to distinguish it from "mesne" or "intermediate" process, which was some writ or process which issued during the progress of the suit The word "process," however, as now commonly understood, signifies those formal instruments called "writs." The word "process" is In common-law practice frequently applied to the writ of summons, which is the instrument now in use for commencing personal actions. But in its more comprehensive signification it Includes not only the writ of summons, but all other writs which may be issued during the progress of an action. Those writs which are used to carry the judgments of the courts into effect, and which are termed "writs of execution" are also commonly denominated "final process," because they usually Issue at the end of a suit See Carey v. German American Ins. Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St Rep. 007; Savage v. Oliver, 110 Ga. 636, 36 S. E. 54; Perry v. Lorillard Fire Ins. Co., 6 Lans. (N. Y.) 204; Davenport v. Bird, 34 Iowa, 527; Philadelphia v. Campbell, 11 Phila. (Pa.) 161; Phillips v. Spotts, 14 Neb. 139, 15 N. W. 332. In the practice of the English privy council in ecclesiastical appeals, "process" means an official copy of the whole proceedings and proofs of the court below, which is transmitted to the registry of the court of appeal by the registrar of the court below in obedience to an order or requisition requiring him so to do, called a "monition for process," issued by the court of appeal. Macph. Jud. Com. 173. -Abase of process. See ABUSE.-Comp ul" sory process. See COMPULSORY.-Executory process. In the law of Louisiana, a summary process in the nature of an order of seizure and sale, which is available when the right of the creditor arises from an act or instrument which includes or imports a confession of judgment and a privilege or lien in his favor, and also to enforce the execution of a judgment rendered in another jurisdiction. See Rev. Code Prac. }894, art. 732.-Final process. The last process in a suit; that is, writs of execution. Thus distinguished from mesne process, which includes all writs issued during the progress of a cause and before final iudgment Amis v. Smith, 16 Pet 313, 10 L. Ed. 973.-Irregular process. Sometimes the term "irregular process" has been defined to mean process absolutely void, and not merely erroneous and voidable; but usually it has been applied to all process not issued in strict conformity with the law, whether the defect appears upon the face of the process, or by reference to extrinsic facts, and whether such defects render the process absolutely void or only voidable. Cooper v. Harter. 2 Ind. 253. And see Bryan v. Congdon, 86 Fed. 221, 29 C. C. A. 670: Paine v. Ely, N. Chip. (Vt) 24.-Judicial process. In a wide sense, this term may include all the acts of a court from the beginning to the end of its proceedings in a given cause; but more specifically it means the writ, summons, mandate, or other process which is used to inform the defendant of the. institution of proceedings against him and to compel bis appearance, in either civil or criminal cases. See State v. Guilbert, 56 Ohio St. 575, 47 N. E. 551, 38 L. R. A. 519, 60 Am. St. Rep. 756; In re Smith (D. C.) 132 Fed. 303. -Legal process. This term is sometimes used as equivalent to "lawful process." Cooley v. Davis, 34 Iowa, 130. But properly it means a writ, warrant, mandate, or other process issuing from a court of justice, such as an attachment, execution, injunction, etc. See In re Bininger. 3 Fed. Cas. 416; Loy v. Home Ins. Co., 24 Minn. 319, 31 Am. Rep. 346; Perry v. Lorillard F. Ins. Co., 6 Lans. (N. Y.) 204; Com. v. Brower, 7 Pa. Dist. R. 255.- Mesne process* As distinguished from final oroeess, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It includes the writ of summons, (although that is now the usual commencement of actions,) because anciently that was preceded by the original writ. The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution. Birmingham Dry Goods Co. v. Bledsoe. 113 Ala. 418, 21 South. 403; Hirshlser v. Tinsley, 9 Mo. App. 342; Pennington v. Lowinstein. 19 Fed. Cas. 168. -Original process. That by which a judicial proceeding is instituted; process to compel the appearance of tbe defendant. Distinguished from "mesne" process, which issues, during the progress of a suit, for some subordinate or collateral purpose; and from "final" process, which is process of execution. Appeal of Hotchkiss. 32 Conn. 353.-Process of interpleader. A means of determining the ri^ht to property claimed by each of two or more persons, which is in the possession of a third.-Process of law. See DUE PROCESS OF LAW.-Process rolL In practice. A roll used for the entry of process to save the statute of limitations. 1 Tidd, Pr. 161, 162.- Regular process. Such as is issued according to rule and the prescribed practice, or which emanates, lawfully and in a proper case, from a court or magistrate possessing jurisdiction.-Summary process. Such as is immediate or - instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis. 8 N. Y. Leg. Obs. 49.-Trustee process. The name given in some states (particularly in New England) to the process of garnishment or foreign attachr ment-Void process. Such as was issued without power in the court to award it, -or which the court had not acquired jurisdiction to issue in the particular case, or which fails in some material respect to comply with the requisite form of legal process. Bryan v, Congdon, 86 Fed. 223, 29 C. C. A. 670.vv In. patent law. A means or method employed to produce a certain result or effect, or a mode of treatment of given materials to produce a desired result, either by chemical action, by" the operation or application of some element or power of nature, or of one substance to another, irrespective of any machine or mechanical device; in this sense a process" is patentable, though, strictly speaking, it is the art and not the process which is the subject of patent See Cochrane v. Deener, 94 U. S. 780, 24 L. Ed. 139; Corning v. Burden, 15 How. 268, 14 L. Ed. 683; Westinghouse v. Boyden Power-Brake Co.. 170 U. S. 537. 18 Sup. Ct. 707, 42 L. Ed. 1136; New Process Fermentation Co. v. Jdaus (C- C.) 20 Fed. 728; Piper v. Brown, 19 Fed. Cas. 718; In re Weston, 17 App. D. C. 436; Appleton Mfg. Co. v. Star Mfg. Co., 60 Fed. 411, 9 C. C. A. 42. -Mechanical process. A process involving solely the application of mechanism or mechanical principles; an aggregation of functions; not patentable considered apart from the mechanism employed or the finished product of manufacture. See Risdon Iron, etc., Works v. Med-art, 158 U. S. 68. 15 Sup. Ct. 745, 39 L. Ed. 899; American Fibre Chamois Co. v. Buckskin Fibre Co., 72 Fed. 514, 18 C. C. A. 662; Cochrane v. Deener, 94 U. S. 780, 24 L. Ed. 139. Less...

A proceeding to determine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v.)

A proceeding to determine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v.) Less...