Motion

In practice. An occasional appllcation to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause or summarily and wholly unconnected with plenary proceedings. Citizens' St. R. Co. v. Reed, 28 Ind. App. 629, 63 N. E. 770; Low v. Cheney, 3 How. Prac. (N. Y.) 287; People v. Ah Sam, 41 Cal. 645 ; In re Jetter, 78 N. Y. 601. A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding or by any one interested therein. Rev. Code Iowa 1880, § 2911; Code N. Y. § 401.

In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.

— Motion for decree. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722.

— Motion for Judgment. In English practice. A proceeding whereby a party to an action moves for the judgment of the court in his favor. See Sup. Ct. Rules 1883, ord. 40.

— Motion in error. A motion in error stands on the same footing as a writ of error; the only difference la that, on a motion in error, no service is required to be made on the opposite party, because, being bsfore the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, 21 Co.nn. 283.

— Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action.

— Special motion. A motion addressed to the discretion of the court, and which must be heard and determined ; as distinguished from one which may be granted of course. Merchants' Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444.