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Stet Billa

Defined in 2 dictionaries — Cyclopedic (1922), Black's (1910)

The Cyclopedic Law Dictionary

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

If the plaintiff in a plaint in the mayor's court of London has attached property belonging to the defendant, and obtained execution against the garnishee, the defendant, if he wishes to contest the plaintiff's claim, and obtain restoration of his property, must issue a scire facias ad disprobandum debitum. If the only question to be tried is the plaintiff's debt, the plaintiff, in appearing to the scire facias, prays stet billa, "that his thereto." The action then proceeds in the usual way as if the proceedings in attachment (which are founded on a fictitious default of the defendant in appearing to the plaint) had not taken place. Brand. For. Attachm. 115, and forms. See "Attachment." STET PROCESSUS (Lat.)

In practice. An order made, upon proper cause shown, that the process remain stationary. As, where a defendant, having become insolvent, would, by moving judgment in the case of nonsuit, compel a plaintiff to proceed, the court will, on an affidavit of the fact of insolvency, award a stet processus. See 7 Taunt. 180; 1 Chit. Bailm. 738; 10 Wentw. PI. 43.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

If the plaintiff in a plaint in the mayor's court of London has attached property belonging to the defendant and obtained execution against the garnishee, the defendant, if he wishes to contest the plaintiff's claim, and obtain restoration of his property, must issue a scire facias ad dis-probandum debitum; if the only question to be tried is the plaintiff's debt, the plaintiff in appearing to the scire facias prays stet billa "that his bill original," i. e., his original plaint, "may stand, and that the defendant may plcad thereto." The action then proceeds in the usual way as if the proceedings in attachment (which are founded on a fictitious default of the defendant in appearing to the plaint) had not taken place. Brand, F. Attachm. 115; Sweet.