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A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

9.

In practice

To put upon the iiles, or deposit in the custody or among the records of a court. © “Filing a bill” in equity is an equivalent expression to “commencing a suit.” “To file” a paper, on the part of a party, is to place it in the official custody of the clerk. “To file,” on the part of the clerk, is to indorse upon the paper the date of its reception, and retain it in his office, subject to inspection by whomsoever it may concern, 14 Tex. 339. The expressions “filing” and “entering of record” are not synonymous. They are nowhere so use, but always convey distinct ideas. “Filing” originally signified placing papers in order ona thread or wire for safe-keeping. In this country and at this day it means, agreeably to our practice, depositing them in due order in the proper office. Hatering of record uniformly implies writing.

2 Blackf. 247.