A proceeding to determine boundaries, in use in some of the United States, similar in all respects to the English perambulation, (q. v
Source: Black’s Law Dictionary 2nd Ed (1910)
In French law. A written report, whlch is signed, setting forth a statement of facts. This term is applled 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 huissier 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 State-meuts, drawn up by other competent author-ities, of misdemeanors or other criminal acts, are also called by this name. Arg. Fr. Merc. Law, 570
Source: Black’s Law Dictionary 2nd Ed (1910)
In practice. This word is generally defined to be the means of compel* ling the defendant in an action to appear in
Source: Black’s Law Dictionary 2nd Ed (1910)
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 ▼. williams, 126 lnd. 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
Source: Black’s Law Dictionary 2nd Ed (1910)
Nobles; lords. The house of lords in England is called, in Latin, “Domus Procerum
Source: Black’s Law Dictionary 2nd Ed (1910)
lateral proceeding. one in which the particular question, may arise or be involved incidentally, but wbicb 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 & P. U. R. Co. v. Peoria & F. R. Co., 105 111. 116.—Ezoo-ntory proceeding. In tbe law of Louisiana, a proceeding which is resorted to in the follow-Ing cases: when the creditor’s right arises from an act importing a confession of judg-inent, and which contains a privilege or mort-gage in his favor; or when tbe creditor de-mands 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 iaw, and brought or instituted in a court of justice or legal tri-bunal, 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. 948. —Speoial proceeding;. This phrase has been twea in the New York and other codes of pro-cedure as a generic term for all dvil remedies which are not ordinary actions. Code Proc. N. Y. § 3.—Summary proceeding. Any proceeding by whicb a controversy is settled, case disposed of, or trial conducted, in a prompt and simple mauner, without tbe aid of a jury, with-out presentment or indictment, or in other respects out of the regular course of the com-mon law. in procedure, proceedings are said to be summary when they are short and simple in comparison witb regular proceedings; i. e., iu comparison with the proceedings which
Source: Black’s Law Dictionary 2nd Ed (1910)
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. Holllster, 6 N. Y. 320
Source: Black’s Law Dictionary 2nd Ed (1910)
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 ▼. weymouth, 40 ohlo St 101
Source: Black’s Law Dictionary 2nd Ed (1910)
In a general sense, the form and manner of conducting juridical business before a court or judlclal ofiicer; regular and orderly progress in form of law; lnclndlng all possible steps in an action from its commencement to the execution of jndg-ment in a more particular Bense, any ap-plicatlon to a court of justice, however made, for aid in the enforcement of rights, for re-lief, 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. Holllster, 6 N. Y. 309; Uhe v. Rall-way Co., 3 8. D. 563, 54 N. W. 601; State v. Gordon, 8 wash. 488, 36 Pac. 498
Source: Black’s Law Dictionary 2nd Ed (1910)
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 ap-pears 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
Source: Black’s Law Dictionary 2nd Ed (1910)
This word is commonly opposed to the sum of legal prlnclples coustl-tuting the substance of the law, and denotes
Source: Black’s Law Dictionary 2nd Ed (1910)
In old English law. Strictly, an accomplice in felony who to save himself confessed the fact, and charged or accused any other as principal or accessory, against whom he was bound to moke good his charge. It also signified an approver, or one who undertakes to prove a crime charg-ed upon another. Jacob. See State v. Graham, 41 N. J. Law, 16, 32 Am. Rep. 174
Source: Black’s Law Dictionary 2nd Ed (1910)
RM. This name is giv-en, in the practice of the English admiralty courts, to the space of time allowed for the taklng of testimony in an actlon, after issue formed
Source: Black’s Law Dictionary 2nd Ed (1910)
one who is upon trial. A convlcted offender who is allowed to go at large, under suspension of sentence, during good behavlor
Source: Black’s Law Dictionary 2nd Ed (1910)
In the law of evidence. Having the effect of proof; tending to prove, or actually proving
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat Proof; more particularly dlrect, as distlngulshed from indirect or circumstantial* evidence
Source: Black’s Law Dictionary 2nd Ed (1910)
The act of proving; evi-dence; proof. Also trial; test; the time of novitiate. Used in the latter sense In the monastic orders
Source: Black’s Law Dictionary 2nd Ed (1910)
In Saxon law. To claim a thing as one’s own. Jacob
Source: Black’s Law Dictionary 2nd Ed (1910)
The act or process of prov-lng a will. The proof before an ordinary, surrogate, register, or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last wili and testament of a certain deceased person, is such iu reality
Source: Black’s Law Dictionary 2nd Ed (1910)
Likelihood; appearance of truth; verisimilitude. The likelf-hood of a proposition or hypothesis being true, from its conformity to reason or experience, or from superior evidence or arguments adduced in its favor. People v. o’Brien, 130 Cal. 1, 62 Pac. 297; Shaw v. State, 125 Ala. 80. 28 South. 390; State v. Joues, 64 Iowa, 349, 17 N. W. 911, 20 N. W. 470
Source: Black’s Law Dictionary 2nd Ed (1910)
Having the appearance of truth; having the character of probability; appearing to he founded in reason or experl-ence. Bain v. State, 74 Ala. 39; State v. Thiele, 110 Iowa, 659, 94 N. W. 256
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. In the civil law. A great-grandfather’s brother. Inst 3, 6, 3; Bract fol. 68b
Source: Black’s Law Dictionary 2nd Ed (1910)