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A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

2 1.

At common law, a thread, string or wire, upon which writs or other exhibits ai'e fastened for safe-keeping and ready reference.^ 3. To exhibit or present to a court in the regular way: as, to file a bill' in equity, a libel in admiralty or divorce, a petition, answer, exception, writ of error. Also, to leave a paper with an officer for action or preservation; and, to indorse a paper, as received into custody, and give it its place among other papers, — to file away. Files. Collections of papers, orderly arranged; also, papers under official custody. On file. Kept in an orderly collection; in its proper place. Filing a paper consists in placing it in the proper official custody, by the party charged with this duty, and the making of the proper indorsement by the officer.* A paper is filed when delivered to the proper officer, and by him received, to be kept on file.* 1 State V. Gladden, 73 N. C. 155 (1875); Tate v. State, 46 Ga. 148 (1872). " L. fllum, a thread. s [Gorham v. Summers, 25 Minn. 86 (1878); 27 id. 18, 23; 16 Ohio St. 548; 14 Tex. 339. 4 Phillips V. Beene, 38 Ala. 251 (1863). s Peterson v. Taylor, 15 Ga. 484 (1854); Powers v. An allegation that " no certificate has been filed " in the office of the register, is equivalent to " has not been left for record. " ' An affidavit of claim is " filed with " a declaration ■when both are filed at the same time. And thi s is not affected by their being detached, or by the place of deposit in the office. "^ See Lodoe, 1 (2). In modern practice, "the file" is the manner adopted for preserving papers; the mode is immateriaL Such papers as are not for transcription into records are folded sim Uarly, indorsed with a note or index of their contents, and tied up in a bundle — "a file."