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mesne process

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)

Definitions from Case Law

From 70 U.S. 334 - Buck v. Colbath · 1865Most cited · 377 citing opinions

Those in which the officer is directed to levy the process upon property of one of the parties to the litigation, sufficient to satisfy the demand against him, without describing any specific property to be thus taken. Of this class are the writ of attachment, or other mesne process, by which property is seized before judgment to answer to such judgment when rendered, and the final process of execution, elegit, or other writ, by which an ordinary judgment is carried into effect.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In practice. All writs necessary to a suit between its beginning and end, that is, between primary process or summons and final process, or execution, whether for the plaintiff, against the defendant, or for either against any party whose presence is necessary to the suit.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Any process issued in an action prior to execution. See 163 Mass. 530, 40 N. E. 853.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

See Mesne.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It includes the writ of summons, (although that is now the usual commencement of actions,) because anciently that was preceded by the original writ. The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution. Birmingham Dry Goods Co. v. Bledsoe, 113 Ala. 418, 21 South. 403; Hirshiser v. Tinsley, 9 Mo. App. 342; Pennington v. Lowinstein. 19 Fed. Cas. 168.

Defined under Process in Black's Law Dictionary.