Trial By Proviso
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
In English practice. A trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so calied from a clause in the writ to the sheriff, which directe him, in case two writs come to his hands, to execute but one of them.
3 Bl. Comm. 357.