Suit

Is a very comprehensive, indefinite term for a judicial proceeding. It is largely used, in moderu jmiisprudence, to comprehend almost the whole body of proceedings arising in the exercise of original jurisdiction; and also, more narrowly, as an antithesis of action, and to denote a proceeding to obtain relief in equity, in contradistinction from an action at law. Thus, suit may include actions at law and bills in equity, as where the judiciary act of congi-ess of 1789 speaks of jurisdiction over suits of a civil nature at common law or in equity, — or may be used as excluding actions at law, and intending an equitable proceeding only. Presumas a new and independent proceeding; but may include eitiier, considered as a branch or continuation of a proceeding begun in original jurisdiction. Thus, a writ of error would not, ordinarily, be. deemed a suit, if the intention was to depict it as a remedy, commencing in the application for the writ; yet such phrases as " costs of suit," "event of his suit," "prosecuting his suit to effect," might, in the connection, clearly embrace the ultimate determination on error or appeal. Presumably, suit is not appropriate to criminal proceedings; nor to petitions to which there are no adversary parties. Moreover, what has been said above of the use of the word in opposition to action is little applicable, if at all, to the affiliated words sue, suitor, and lawsuit. Since to use the verb act in the sense of to proceed at law is quite inadmissible, and " aetor," in the sense of plaintiff, has special associations, " sue " and " suitor " must often be used with reference to common-law jurisdiction; and lawsuit is a popular rather than technical term, which is quite as likely to be used meaning any resort to courts of justice as to mean strictly a suit in law, as opposed to one in equity. And, upon the whole, " suit " is used so vaguely, and in such varied ways, that all which a work of this nature can do is to point out the uncertainty of its meaning. The context must determine how it is used in a given case. Old books mention the word in many connections which are now disused, — at least, in the United States. Thus, suit was used of following any one, or in the sense of pursuit; as in the phrase making fresh suit. It was also used of a petition to the king or lord. Suit of court was the attendance which a tenant owed at the court of his lord. Suit covenant and Kuit custom seem to have signified a right to one's attendance, or one's obligation to attend, at the lord's court, founded upon a known covenant, or an immemorial usage or practice of ancestors. Suit regal was attendance at the sheriff's touru or leet (his court). Suit of the king's peace was pursuing an Suit, as applied to proceedings at law, originally signified a number of persons or witnesses, which a plaintiff produced to establish the truth of the allegations made in his declaration; and this practice of producing a suit gave rise to the very ancient formula, almost invariably used at the conclusion of a declaration, — et inde producit sectam, and therefore he brings his suit. Although the actual production of plaintiff's suit has, for many centuries, fallen into disuse, still the formula, until recently, remained. Brawn. Grant of administration is not the commencement of a suit, within the provision of a statutory saving clause of "actions and suits pending."

Davis v. Livingston, 6 Ohio, 225.

The word suit literally includes a certiorari; that is. an action or prosecution by petition for recovery of a right Hendrix V. Kellogg, 32 Go. 435. An attachment against a non-resident debtor is a suit, within the meaning of the judiciary act of congress, giving exclusive jurisdiction to the district courts of the United States of all suits against consuls.

Matter of Aycinena, 1 Sandf. 690.

The term suit is applicable to a proceeding by mandamus.

Mc Bane v. People, 50 ///. 503.

A petition by a creditor to a board of supervisors, for the allowance of a demand against the county, is not a siiit.

Gurnee v

County of Brunswick, 1 Hugh. 270.

The term suit includes a writ of prohibition. It is a very compreliensive one, and is understood to apply to any proceeding in a court of justice in which an individual pursues that remedy in a court of justice which the law affords him.

Weston v. Citv Council of Cliarleston, 2 Pet. 449.

As used in a 'statute of limitations upon suits, does not include proceedings to review a decree in equity. The words " suit " or " action," in such statutes, apply only to proceedings had until judgment or decree.

Wilt V. Stickney, 15 Bankr. Reg. 23.

That the word suit does not include a, writ of error, see Overseers of Clayton u.

Beedle, 1 Barb. 11.

That it does include a petition by a creditor of a decedent estate to liquidate and recover his demand, see Calderwood v. Calderwood, 38 Vt. 171. A statute conferring jurisdiction of "every suit of a civil nature at law," will not include a statutory proceeding to enforce payment of a legacy. Suits for legacies were not of common-law jurisdiction.

Woodruff V. Woodruff, 3 N. J. L. 413.

Suitors' fee fund. In English chancery, is undei'stood to mean the fund formed from the payment of the fees of suitors in the court of chaiucery. It is realized from the sales made from the by the court; and forms the primary fund from which are paid the salaries of some of the officers of the court, and other expenses connected therewith. Suitors' fund. In English chancery, is understood to be the aggi-egate of moneys which, having been paid into the court of chancei'y, are placed out for the benefit and better security of the suitors of the court; including, also, interest arising from the same. Brown, however, seems to confine the term to the accumulation of interest on the deposits of suitors' moneys.