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Taliter Processum Est

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

When pleading the judgment of an inferior court, the proceedings preliminary to such judgment, and on which the same was founded, must, to some extent, appear in the pleading; but the rule is, that they may be alleged with a taliler processum est, i.e. with a general assertion that " such proceedings were had," instead of a detailed account of the proceedings themselves; t hus, " that A B, at a certain court, &c., held at, &c., levied his plaint against C D, in a certain plea of, &c., for a cause of action arising within the jurisdiction, and thereupon such proceedings were had that afterwards, &c., it was considered by the said court that A B should recover against the said C D." A like concise mode of stating former proceedings in a suit is adopted at the present day in chancery proceedings upon petitions and in bills of revivor and supplement.

Brown.