Irregularity

The doing or not doing that in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done.

Doe v. Harter, 2 Ind. 262.

The term is usually applied to such informality as does not render invalid the act done; thus an irregular distress for rent due is not illegal ah initio, any step by blm in the cause: Lofft 323, 333; because the taking of any such step is a waiver of any irregularity; "1 B. & P. 342. See Abatement. The court will, on motion, set aside proceedings for irregularity. On setting aside a judgment and execution for irregularity, they have power to impose terms on the defendant, and will restrain him from bringing an action of trespass, unless a strong case of damage appears.

1 Chitty, Bail. 133, n. And see Baldw. 246.