Page:Black's Law Dictionary (Second Edition).djvu/956

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


alone would have been applicshlc. either in the same or analogous c-iscs. ' summary proceed- iugs had not been aiiiiliible. Sweet. And See Phillips v. Phillips, 8 N. J. Law, 122: Goran v. Jackson. J2 Ark. 557: W('Sil')'lJ Si A. it. (,0. v. Atlanta, 113 G2). 537, 33 S. E. 996, 54 L. R. S02.—Snppleinentnry proceeding. rste promiding in an original actiyn. h the court “here the action is pending is called upon to exercise its jurisxliction in aid of the judgment in the sctinn. Brya_nt v. Bank of Califoinin (Ca.l.) 7 PM 130. in a more p:lI‘Li(.'liial‘ sense, a proceeding in aid of execution, aniborized by statute in some states in rasrs win-ie nu li.-vi.ible property of the jui_lg- uient debtor is found. It is a statutory equiv- alent in actions at law of the creditor's bill in equity, and in states where law and equity are

landed, is proiided as a siihsiitute therefor. In this proceeding the judgment debtor is sum- mound to iippeiir before the court (or a referee or emminci) and suluuit to an oral examination touching all his property and effects, and if propeity subject to execution and in his possession or conirol is thus discovered. he is ordered to deliver it up, or a receiver may he appointed.

See In re Buirous. % Iuin. Gin, 7 Puc. I-IS; Eikcrberr v. Edwards, 67 Iowa, 619, 25 N. W. 832, 6 Am. Rep. 3150.

PROCEEDINGS. 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. lllurewood v. I-Iollister, 6 N. Y. 320.

PROCEEDS. Issues; produce; money ob- tained 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. 01:. 212.

PROGNIRES. Nobles; lords. The house of lords in England is called, in Latin, "Da- mus Procc1~u.m."

1-noci:s VERBAL. In French law. A written report, which is signed, setting forth a statement of facts. This term ‘is llpplled to the report proiing the meeting and the resolutions passed at a meeting of share- holders, or to the report of a commission to take testnuony. It can also be applied to the st.-itcineut ilruivn up by a ILui.s-sier in relation to any facts which one of the parties to I] suit can be Luterestcd in proving; for instance the sitie of a counterteited object. State- inciits, drawn up by other competent authorities, of niisdemednnrs or other criminal acts, are also called by this name. Arg. Fr. Mere. Law, 570.

A true relation in writing in due form of law of what has been done and sziid verbally in the presence of a public ofiii-er and of what he himself does on the occasion I-Iall V. Hull, 11 Tex. 526, 539.

PROCESS. 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 co by origlnai writ, instead of, as at pr writ of summons, the method of co the defend-ant to appear was by iv termed "original prutcss," being fu I the of iginni writ, and so called also to . guish it from “mesne" or “lute "- process, which was some writ or pr which issued during the progress of th The word “process." however, as now. monly understood, signifies those farm struments called “ivrits." cess" is in (:Oli1ll)0Il-l:lW practice freq-_ applied to the writ of summons, which i instrument now in use for coninienclig V sonul actions. But in its more conmre

summons, but all other writs which may issued during the progress of an ac Those writs which are used to carry the 1' ments of the courts into ellect, and which’ teimed “writs of execution" are also com ly denominated “final process,” because - usually issue at the end of a suit. See ' V. German American Ins. Co., 84 Wis. V ’ 54 N. W. 18, 2') L. R. A. 267, 36 Am. St 907; Savage v. Oliver, 110 Ga. (535, 36 54; Perry v. Loritlard Fire Ins. ($0.. 6 L. (N. Y.) 204; Davenport v. Bird, 34 Iowa, Philndclphin v. Campbell, 11 Phlla. [I'.lJ 1 Phillips v. Spotts, 14 Neb. 139, 15 K. W. . In the practice of the English privy can

in ecclesiastical appeals, “process" iueziiis = offici-.11 copy of the whole proceedings in: proofs of the court below, which is trans ted to the registry of the court of appeal the registrar of the court below in o ' ence to an order or requisition iequlring hiiii so to do, called a “nionition for prov.-ea,‘ sued by the court of nppcat Miicpli. Jud. Coin. 173.

—Alinse of process. See Anus —Coinpi1.l- sax-y process. See COM.l’U"Ls0li —Execiitory process. In the law of Louis na, :1 suuiiu ' process in the nature of an order of seizure ii sale, which is available when the right of L-irditor arises from an act or lustrument VA Q includes or imports a confession of Judganfl. nnd a privilege or lien in his favor, and AD to enforce the execution of a judgment renlll ed in another jur_i diction. Sue ltev.

Prac. 1b‘J-1, art. ' that is, u i-its of exnlr Thus distingu bed from meme pug “hi h includes all writs issued during the [Ilw' ress of a Cause and before linnl judgi? Aniis v. Smith. 16 Per. 10 L. Ed. 9I5.— r- 1-egular process. SOIDL imcs the term "ii"- re -nlsr process" has been defined to mean pup ce ‘: absolutely void, and not merely eirumlll and voidahl ' but usually it has been nppld to all process not issued in strict conformity with the law, whether the defect appeals upon the face of the process, or by reference to rstrinsic facts, and ulictber such defects renulor the process absolutely void or only voidnun. Cooper v. Harter. 2 ind. . And see Ili--nu v. Congdon. so Fed 221. 29 c. c. 9. -170: Paine v Ely, N. (\-'t.) 2-1.—Jridicial races . In a wide sense. this l.ei'i_u niiiy ii» elude all the acts of a court from the be- ginning to the end of its proceedin..' in a given riiuse; but more specifically it iui- us the writ, summons. mandate, or other proc ss which is used to inform the defendant of the institu-