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)
