Proceed
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
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 of Fort Valley v. Houser, 57 Ga. 140.
In the Greorgia statute, directing, by way of remedy in cases where execution has issued illegally, that a return of the execution may be made upon the person against whom it may run, making an affidavit of illegality, the word issue is considered and treated as having the sense of proceed. The cases contemplated are not merely those in which the illegality consists in the execution's having issued illegally, hut where an execution is proceeding illegally, though issued legally; as in a case in which, notwithstanding that a payment has been made on the execution, the execution is proceeding as if no payment had been made on it.
Robison v. Banks, 17 Ga. 211.