proceeding

There are two methods to compel payment. One is suit, a judicial proceeding; the other is distraint, an executive proceeding. The word 'proceeding' is aptly and commonly used to comprehend steps taken in pursuit of either.

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

In its general acceptation, 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. It includes certified copies of pleadings on which the case was tried. School Dist No. 49 v. Cooper, 44 Neb. 714, 62 N. W. 1084. 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 TJ. S. v. Bell, 81 Fed. 830, the question was suggested whether proceedings before pension commissioners are judicial proceedings within the meaning of R. S. § 860, which provides that evidence obtained from a party or witness shall not be used against him in any criminal proceeding. The court passed the question without deciding it, though apparently inclined to the affirmative. In Louisiana there is a third kind of proceeding, known by the name of executory process (q. v.). In New York the code of practice divides remedies into actions and special proceedings. An action is an ordinary proceeding in a court of justice, by 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 offence. Every other remedy is a special proceeding. erty. Goods purchased with money arising from the sale of other goods, or obtained on their credit, are proceeds of such goods. 2 Pars. Marit. L. 201; Bened. Adm. 290. The sum, amount, or value of goods sold, or converted into money. Whart. Diet. Proceeds does not mean necessarily money; Phelps v. Harris, 101 U. S. 380, 25 L. Ed. 855. PROCERES (Lat.). The name by which the chief magistrates in cities were formerly known. St. Armand, Hist. Eq. 88. PR0C&S- VERBAL. In French Law. A true relation in writing in due form of law, of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office. The procds-verbal should be dated, contain the name, qualities, and residence of the public functionary who makes it, the cause of complaint, the facts tending to prove the existence of the crime, that which serves to substantiate the charge, point out its nature, the time, the place, the circumstances, state the proofs and presumptions, describe the place, — in a word, everything calculated to ascertain the truth. It must be signed by the officer. Dalloz, Diet. See Juge D’ Instruction.

In a general sense, the form and manner of conducting juridical business before a court or judicial officer; regular and orderly progress in form of law ; including all possible steps in an action from its commencement to the execution of judgment.

In a more particular sense, any application to a court of Justice, however made, for aid in the enforcement of rights, for relief, for redress of injuries, for damages or for any remedial object. Erwin v. U. S. (D. C.) 37 Fed. 488, 2 In R. A. 229; Pcople v. Raymond, 186 111. 407, 57 N. E. 1066; More-wood v. Hollister, 6 N. Y. 309; Uhe v. Railway Co., 3 S. D. 563, 54 N. W. 601; Sinte v. Gordon, 8 Wash. 488, 36 Pac. 498.

— Collateral proceeding. One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question ; as in the rule that a judgment cannot be attacked, or a corporation's right to exist be questioned, in any collateral proceeding. Peyton v. Peyton, 28 Wash. 278, 68 Pac. 757; Peoria & P. U. R. Co. v. Peoria & F. R. Co., 105 III. 116.

— Executory proceeding. In the law of Louisiana, a 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 of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code Prac. La. art. 732.

— Legal proceedings. This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tribunal, for the acquiring of a right or the enforcement of a remedy. Griem v. Fidelity & Casualty Co.., 99 Wis. 530. 75 N. W. 67; In re Emslie (D. Ct) 98 Fed. 720; Id., 102 Fed. 293, 42 C. C. A. 350; Mack v. Campau, 69 Vt. 558, 38 Atl. 149, 69 Am. St Rep. 948

— Special proceeding. This phrase has been used in the New York and other codes of procedure as a generic term for ali civil remedies which are not ordinary actions. Code Proc. N. Y. § 3.

— Summary proceeding. Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the nid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; i. e., in comparison with the proceedings which alone would have been applicable, either in the same or analogous cases, if summary proceedings had not been available. Sweet. And see Phillips v. Phillips, 8 N. J. Law, 122; Govan v. Jackson, 32 Ark. 557; Western & A. R. Co. v. Atlanta, 113 Ga. 537, 38 S. E. 996, 54 L. R. A. 802,

— Supplementary proceeding. A separate proceeding in an original action, in which the court where the action is pending is calied upon to exercise its jurisdiction in aid of the judgment in the action. Bryant v. Bank of California (Cal.) 7 Pac. 130. In a more particular sense, a proceeding in aid of execution. authorized by statute in some states in cases where no leviable property of the judgment debtor is found. It is a statutory equivalent in actions at law of the creditor's bill in equity, and in states where law and equity are blended, is provided as a substitute therefor. In this proceeding the judgment debtor is summoned to appear before the court (or a referee or examiner) and submit to an oral examination touching ali his property and effects, and if property subject to execution and in his possession or control is thus discovered, he is ordered to deliver it up, or a receiver may be appointed. See In re Burrows, 33 Kan. 675, 7 Pac. 148; Eikerberry v. Edwards, 67 Towa, 619, 25 N. W. 832, 56 Am. Rep. 360.

A going on in form of law; an act done in form of law; a judicial act, directed against persons or property.

Any step taken by a party in the progress of an action.' A proceeding in court is an act done by the authority or direction of the court, express or implied. 1 The performance of an act; an act to be done in order to attain a given end; a prescribed mode of action for carrying into effect a legal right. = " Proceedings," in its more general sense in law, means all the steps or measures adopted in the prosecution or defense of an action.

In ordinary acceptation, when unqualified, includes the whole of the subject. Thus, the, proceedings of a suit embrace all matters that occur in its progress judicially; proceedings upon a trial, all that occur in that part of the litigation.' A suit is a proceeding;^ so is awrit of attachment.^ Cominon proceeding. That kind of proceeding which is instituted and conducted in a manner common to other civil actions. 9 Judicial proceeding. Any proceeding in a court of justice. Summary proceeding. The determination of a matter without a jury. See Summary. See generally Disoontindance, 1 (1); PiRS, Ex parte; Pboceduke; Pkocess, 1; Eecoed, 2; Ees, 2; St Ay; Stet.

This term, used in the saving clause of a code of practice, declaring that the code should not affect any proceeding commenced before its enactment, does not include a j udgment recovered before the passage of the code. A judgment is an entire act, — an act which cannot, in any proper sense, be said to be " commenced " before a certain day. Daily V. Burke, 28 Ala. 328. Proceeding, when spoken with reference to actions, means any step taken by a party in the progress of an action. Wilson V. Allen, 3 Mow. Pr. 369; Williamson v. Champlin, Clarke, 9; Eich t. Husson, 1 Duer, 617. Proceeding, in a statute providing for a dismissal of a suit, unless "proceedings shall he had" within one year from the entry of a certain order, applies to a service of notice by the opposite attorney that he will move to vacate the judgment. Bonesteel v. Orvis, 31 Wis. 117. Proceedings in the cause. This phrase includes the sheriff's doings under the execution. Ward v. Cohen, 3 S. C. 338. Proceedings in court This expression does not include statutory steps to foreclose a mortgage: they are not had in court. Dwight v. Phil Ups, 48 Barb. 116, 119.