Proceeding

In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments, and of executing. In a narrower sense, any act, in the course of an action, done to achieve a given end. A prescribed mode of action to carry into effect a right.

1 Duer (N. Y.) 620.

Ordinary proceedings intend the regular and usual mode of carrying on a suit by due course at common law. Summary proceedings are those where the matter in dispute is decided without the intervention of a jury. These must be authorized by the legislature, except, perhaps, in cases of contempt, for such proceedings are unknown to the common law. In Louisiana there is a third kind of proceeding, known by the name of "executory proceeding," which is resorted to in the following cases: When the creditor's right arises from an act importing a confession of judgment, and which contains a privilege or mortgage in his favor; or when _ the creditor demands the execution 0^ a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code La. art.

732.

In New York, and some other states, the code of practice divides remedies into actions and special proceedings. An action is a regular judicial proceeding, in which one party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Every other