Page:Black's Law Dictionary (Second Edition).djvu/210

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

CITACION CITACION. In Spanish Law. Citation; summons; an order of a court requiring ll

person ugainst wiiomasult has been brought to appear and defend within a given time.

CITATIO. to court.

—Citntio ad rcassnmendnm. cansmn. summons to take up the cause. A process. in the civil law, which issued when one_of the parties to a suit died before its determination. for the plaintiff against the defendants hei or for the plaintiffs heir against the (lefcndun . as the case might be: nnniogous to a modern hill of revivor.

Lot. A citation or summons

Citatio est de juri nnturnli. A sum- mons is by nutui-ii right. Cases in Banco Regis Wm. III. 453

CITATION. In practice. A writ issued nnt of a court of competent jurisdiction. commanding a person therein named to iippear on a diiy named and do something therein mentioned, or Show cause why he should not. Proc. Prac.

The act by which a person is so summoned or cited.

it is used in this sense, in American law. in the practice upon writs of error from the United Stntes supreme court, and ii] the proceedings of courts of probate in many of the states. Lemitt v. Leavitt. I35 Muss. 193. State v. i\'ic(‘:inn. 07 Me. 374; Schwartz v. Lake. 109 La. 1031, 34 South. 96: Cohen v. Virginia. 6 Whe:it. 410, 5 L. Ed. 257.

This is also the name of the process used in the English ecclesiastical. probiite, and divorce courts to call the defendant or respondent before them. 3 Bl. Comm 100; 3 Steph. Comm. 720.

In Scotch practice. The calling of a. party to an action done by an oiiiccr of the court under a proper Warrnnt.

The service of it writ or ‘bill of summons. Paters. Comp.

CITATION OF AUTHORITIES. The reading of, or reference to, legal unthorities and precedents. (such as constitutions, stututes. reported cases, and elementary treatises.) in arguments to courts, or in legal text-hooks, to estahlish or fortify the propo- sitions advanced.

Law of citations. $2 LAW.

C‘ non

exprlmntnr super qua re fieri debet citntio. Citations should not be granted before it is stated about what matter the citation is to be made. A maxim of ecclesiastical law. 12 Coke, 44.

CITE. L. Fr. City; Cite de Lou.mlr', city of London.

a city.

CITE. To summon; to command the presence of a person; to notify a person of

202 CITIZEN legal procccdiiigs against him and require his appearance thereto.

To read or refer to legal authorities, in in: argument to a couit or GISBVS hero. in support of propositions of law sought to be estab- lished.

CITIZEN. In general. A niemlier of ii free city or jural society, (L‘il)itt1a(.) past» ing all the rights and privileges which an’. he enjoyed by any person under its coialv tution and government, imd subject to the corresponding duties.

In American law. One who. under tin constitution and larva of the United Stafl. or of a particular state, and ‘by virtue of birth or mituraliziition uithin the jurlsdb tion, is a member of the political CUlllmlll]i[_V, owing allegiance and beliig entitled to the enjoyment of full ciili rights. U. S. v. Cruikshank. 92 U. S. 542. 23 1. Ed. 53‘. White v. Clements, 3.‘) Ga. 25; Amy r, Smith, 1 Lift. (ky.) 331'. State v. Count] Court. 90 Mo. 5193. 2 S. W TSS: Minor 1. Hamiersctt. 21 “ali. 1132 22 L. Ed. 627; II. S. v. Morris (D C) 125 Fed. 325.

The term ‘ n" has come to us derived from antiquity. it fl|J])efll'B to have been used in the Roman goicrnuicnt to designate a person nlio bad the freedom of the city and lb right to exercise all political and civil pm!- leges of the izovcrnmcnt There was ulso, n Rome, a partial citizenship, ' ' civil. in not political. rights. Cnmplrte cltizen.<'iip braced hoth. Tiiomasson v. State. 15 ind.

All persons born or natnr.'iil7ed in th United States, and siihjcct to ihe jurisdiction thcreof, are citizens of the United States and of the state wherein they reside Amend. XIV, Const. U. S.

There is in our political system a government of ench of the S9Vl2l'I|l suites, and 3. guvnriimeu of the United Slates. Eiich is distinct from Lil others. nud has cili .cns of its own, who om ll allegiance, and whose rights. uiihin its Jurb diction. it must protect. The same person in: he at the same time a citizen of the Uni States and a citizen of a state: but his rizln of citizenship under one of these governmcpl will be different from those he has undi-r nip other. The government of the United Stun although it is, within the scope of its powen. supreme and beyond the states. can l.lGll‘li”' grant nor secure to its citizens rights or nihi- 101105 which are not expi-essly or by impliciitiu placed under its jurisx tion. All that cauncl he so granted or sccuri-d are left to the exclu- sive protection of the states. U. S. v. Cruik- shank. 92 v. S. K. 23 L. Ed. 588.

"Citizen" and "inhnbitant" are not synony- mous. One may be a citizen of a state witliriui being an ' ' L‘ or an ' '* ‘*" ‘ without being B. citizen. Quinby v. Duncan. 4 lzliu.

ei. .

“Citizen" is sometimes used as synonymous with "resident:" as in a statute aiithorizin: funds to be distributed among the religious sn. cieties of xi tovinship. proportiounhly to the mim- her of their members who are citizens if thr

township. State v. Trustees. 11 Olno. 1’.

In English law. An inhabitant of a city. 1 Rolle. 138. The representative of a city. in pariianient. 1 Bl. Comm. 174. It will be

perceived that. in the English usage. tliv