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By the by

Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Black's (1891)

Ballentine's Law Dictionary

James A. Ballentine · 1916

A condition existing when a defendant was in the custody of the court in another action.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Incidentally; without new process. A term used in former English practice to denote the method of filing a declaration against a defendant who was already in the custody of the court at the suit of a different plaintiff or of the same plaintiff in another cause.

A Dictionary of Law

Henry Campbell Black · 1891

Incidentally; without new process. A term used in former English practice to denote the method of filinga declaration against a defendant who was already in the custody of the court at the suié of a different plaintiff or of the same plaintiff in another cause,