citation

The object of a citation on a writ of error or an appeal is to give notice of the removal of the cause, and such notice may be waived by entering a general appearance by counsel. Where an appearance is entered, the objection that notice has not been given is a mere technicality, and the party availing himself of it, should, at the first term he appears, give notice of the motion to dismiss, and that his appearance is entered for that purpose.

A writ issued out of a court of competent jurisdiction, commanding a person therein named to appear on a day named and do something therein mentioned, or show cause why he should not. Proctor, Pract The act by which a person is so summoned or cited. In the ecclesiastical law, the citation is the beginning and foundation of the whole cause, and is said to have six requisites, namely: the insertion of the name of the judge, of the promovert, of the impugnant, of the cause of suit, of the place, and of the time of appearance; to which may be added the affixing the seal of the court, and the name of the register or his deputy. 1 Brown, Civ. Law 453, 454; Ayliffe, Parerg. xliii. 175; Hall, Adm. Pr. 5; Merlin, Rep. The process issued in courts of probate and admiralty courts. It is usually the original process in any proceeding where used, and is in that respect analogous to the writ of capias or summons at law, and the subpoena in chancery.

In practice. A writ issued out of a court of competent jurisdiction, commanding a person therein named to appear on a day named and do something therein mentioned or show cause why he should not Proc. Prac. The act by which a person is so'summon-ed or cited. It is used in thls sense, in American law, in the practice upon writs of error from the United States supreme court, and in the proceedings of courts of probate in many of the states. Leavitt v. Lcavitt, 135 Mass. 193; State v. McCann, 67 Me. 374; Schwartz v. Lake, 109 La. 1081, 34 South. 96; Co.hen v. Virginia, 6 Wheat. 410, 5 L. Ed. 257. This is also the name of the process used in the English ecclesiastical, probate, and divorce courts ip call the defendant or respondent before them. 3 Bl. Comm. 100; 3 Steph. Comm. 720.

In Scotch practice. The calling of a party to an action done by an officer of the court under a proper warrant. The service of a writ or bill of summons. Paters. Co.mp.

In American law. An ofi Scial call or notice to appear in court In Scots law. The calling of a party to an action, — done by an ofi Soer of court under a proper warrant.

In ecclesiastical law. The process used in the ecclesiastical courts to call a party before them; the first step taken in an ecclesiastical cause, and somewhat like the writ of capias or summons at common law, or the subpoena in chancery.

In practice. A writ issued out of a court of competent jurisdiclion, commanding 2 person therein named to appear on a day named and do something therein mentioned, or show cause why he should not. Proc. Prac. The act by which a person is so summoned or cited. It is used in this sense, in American law, in the practice upon writs of error from the United States supreme court, and in the proceedings of courts of probate in many of the states. This is also the name of the process used in the English ecclesiastical, probate, and divorce courts to call the defendant or respondent before tiem. 3 Bl. Comm. 100; 3 Steph. Comm. 720.

In Scotch practice. The ealling of a party to an action done by an oflicer of the court under a proper warrant. The service of a writ or bill of summons. Paters. Comp.

[Lat. citatio, q. v.] In practice. The process used in the ecclesiastical courts to call a party before them. 3 Bl. Com. 100. 3 Steph. Com. 720. It is the first step which is taken in an ecclesiastical cause; and is somewhat analogous to the writ of capias or summons at common law, or the subpoena in chancery. Holthouse.

In American law. A process used in surrogates' courts requiring the attendance of parties on the probate of wills. Dayton's Surrogate, 18, 21, and Appendix No. 6. A notice of a writ of error in the United States courts. Conklin's Treatise, 446.

practice, is a writ issued out of a court of competent jurisdiction commanding a person therein named to appear and do something therein mentioned, or to the ecclesiastical law, the citation is the beginning and foundation of the whole cause; it is said to have six requisites, namely, the insertion of the name of the judge—of the promovert—of the impugnant—of the cause of suit—of the place—and of the time of appearance; to which may be added the affixing the seal of the court, and the name of the register or his deputy.. 1 Bro. Civ. Law, 453, 4; Ayl. Parer. xliti. 175; Hall’s Adm. Pr. 5; Merl. Rep. h. t. CITATION OF AUTHORI-