Proceeding
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
This term, used in the saving clause of a code of practice, declaring that the code should not affect any proceeding commenced before its enactment, does not include a j udgment recovered before the passage of the code. A judgment is an entire act, — an act which cannot, in any proper sense, be said to be " commenced " before a certain day.
Daily V. Burke, 28 Ala. 328.
Proceeding, when spoken with reference to actions, means any step taken by a party in the progress of an action.
Wilson V. Allen, 3 Mow. Pr. 369; Williamson v. Champlin, Clarke, 9; Eich t. Husson, 1 Duer, 617.
Proceeding, in a statute providing for a dismissal of a suit, unless "proceedings shall he had" within one year from the entry of a certain order, applies to a service of notice by the opposite attorney that he will move to vacate the judgment.
Bonesteel v. Orvis, 31 Wis. 117.
Proceedings in the cause. This phrase includes the sheriff's doings under the execution.
Ward v. Cohen, 3 S. C. 338.
Proceedings in court This expression does not include statutory steps to foreclose a mortgage: they are not had in court.
Dwight v. Phil Ups, 48 Barb. 116, 119.