Summary Proceeding
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A form of trial in which the ancient established course of legal proceedings is disregarded, especially in the matter of trial by jury, and, in the case of the heavier crimes, presentment by a grand jury.
See Jones v. Bobbins, 8 Gray (Mass.) 320.
In no case can the party be tried summarily unless when such proceedings are authorized by legislative authority, except perhaps in cases of contempts; for the common law is a stranger to such a mode of trial; 4 Bla. Com. 2S0.
See 2 Kent 73; Taylor v. Porter, 4 Hill (N. Y.) 145, 40 Am. Dec. 274; Jones v. Robbins, 8 Gray (Mass.) 329; Hoke v. Henderson, 15 N. C. 15, 25 Am. Dec. 677; Jones’ Heirs v. Perry, 10 Yerg. (Tenn.) 59, 30 Am. Dec. 430.
The term summary proceedings is applied to proceedings under statute for enabling landlords promptly to dispossess tenants who hold over after default in payment of rent, or after expiration of the term.