suit

What is a suit? We understand it to be prosecution or pursuit of some claim, demand or request; in law language, it is the prosecution of some demand in a court of justice. * * * To commence a suit is to demand something by the institution of process in a court of justice; and to prosecute the suit, is, according to the common acceptation of language, to continue that demand. By a suit commenced by an individual against a state, we should understand process sued out by that individual against the state, for the purpose of establishing some claim against it by the judgment of a court; and the prosecution of that suit is its continuance.

In its broadest sense, any proceeding in a court of justice by which a party pursues a remedy which the law affords him.

In this sense, it is a broader term than "action," including proceedings in personam and in rem. "Suit" applies to criminal proceedings (143 Mass. 136), and proceedings both in equity and at law (20 How. Pr. [N. Y.] 381).

In a narrower sense, "suit" has been held synonymous with "action." 4 Wall. (U. S.) 112. And "suit" is commonly applied to proceedings in equity, and "action" to proceedings at law. 9 Barb. (N. Y.) 300. In Louisiana. A suit is a real, personal, or mixed demand made before a competent judge, by which the parties pray to obtain their rights and a decision of their disputes. Code Prac. art. 96.

In that acceptation, the words "suit," "process," and "cause" are in that state almost synonymous. At Common Law. The term had several meanings, not included in the idea of proceedings in court, as: (1) Suit of court, an attendance which a tenant owes to his lord's court. Cowell; Jacob. (2) Suit covenant, where one has covenanted to do suit and service in his lord's court. (3) Suit custom, where service is owed time out of mind. (4) The following one in chase; as, fresh suit. (5) A petition to a king, or a great person, or a court.

In old English law. The witnesses or followers of the plaintiff. 3 Bl. Comm. 295. See Secta. Old books mention the word in many connections which are now disused,—at least, in the United States. Thus, "suit" was used of following any one, or in the sense of pursuit; as in the phrase "making fresh suit." It was also used of a petition to the king or lord. "Suit of court" was the attendance which a tenant owed at the court of his lord. Bl.Law Dict.(2d Ed.)—71 "Suit covenant" and "suit custom" seem to have signified a right to one's attendance, or one's obligation to attend, at the lord's court, founded upon a known covenant, or an immemorial usage or practice of ancestors. "Suit regal" was attendance at the sheriff's tourn or leet, (his court.) "Suit of the king's peace" was pursuing an offender, — one charged with breach of the peace. Abbatt.

In modern law. "Suit" is a generic term, of comprehensive signification, and applies to any proceeding in a court of justico in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the recovery of a right. See Kohl v. U. S„ 91 U. S. 375, 23 L. Ed. 449; Weston v. Charleston, 2 Pet. 464, 7 L. Ed. 481; Drake v. Gilmore, 52 N. Y. 393; Philadelphia, etc., Iron Ch v. Chicago, 158 111. 9, 41 N. E. 1102; Cohens v. Virginia, 6 Wheat. 405, 5 L. Ed. 257. It is, however, seldom applied to a criminal prosecution. And it is sometimes restricted to the designation of a proceeding in equity, to distinguish such proceeding from an action at law.

— Snit of conrt. This phrase denoted the duty of attending the lord's court, and. in common with fealty, was one of the incidents of a feudal holding. Brown.

— Snit of the king's peace. The pursuing a man for breach of the king's peace by treasons, insurrections, or trespasses. Cowell.

— Suit money. An allowance, in the nature of temporary alimony, authorized by statute in some states to be made to a wife on the institution of her suit for divorce, intended to cover the reasonable expenses of the suit and to provide her with means for the efficient preparation and trial of her case. See Yost v. Yost, 141 Ind. 584, 41 N. E. 11.

— Snit silver. A small sum of money paid in lieu of attendance at the court-baron. Cowell.

suyt, suy te, I, fr.

In old English law. Suit; action; the followers of a plaintiff, whom he produced to support his count or declaration; the retinue, chattels, offspring and appurtenances of a villein.

6 1. Followers: witnesses for the plaintiff. The actual production of the " suit," the followers, has been disused since the time of Edward III (1327-77), though the form is continued. This explains the meaning of the phrase, still found in declarations at common law, "and therefore he brings suit:" inde produdt sectam.'' Those words were affixed at a time when a suitor's witnesses were his followers, as prompt to maintain his quarrel in the forum as in the field. Now, as then, a party usually selects his witnesses from among his friends, who insensibly catch the spirit of their side.s See Lis, Mota. Sue out. To seek after; to apply for and obtain: as, to sue out a writ or a pardon. 9 3. Following another; pursuit; also, at- Cent. Law J. 378-^ (1886), cases; 25 Am. Law Reg. 386- 90 (1886), cases. 1 Travelers' Ins. Co. v. Mc Conkey, 127 U. S. 661 (1888). 2 4 Bl. Com. 189-90. s Penal Code, §§ 173, 174, 178. < Darrow v. Family Fund Society, 42 Hun, 247 (1886). » Wolff V. Connecticut Mut. Life Ins. Co., 2 Flip. 858 (1879) cases; Coyle v. Commonwealth. 100 Pa. 679 « L. secta: sequi, to follow. Whence sue, pursue, prosecute. Ad sectam, abridged to ads, at suit of, is st Ul in use, Bowen v. Wilcox, &c. S. M. Co., 86 111. 12 (1877); 31 N. J. L. 313, 316; and see Versus. '3 Bl. Com. 296; 2 id. 84; 8Wheat. 662; 1 Steph. Hist. Cr L. Eng. 07; 63Ga. 638. B Commonwealth v. JoliCEe, 7 Watts, 585 (1838), Gibtendance upon another: as, to do suit, suit at a feudal lord's court, fresh suit. Fresh suit. (1) When a lord distrained animals for rent and the owner rescued or drove them upon ground not belonging to the distrainer, and the latter followed and reseized them. (3) When a person who had been robbed at once followed and apprehended, or afterward helped to convict, the thief. As punishment for making no effort to capture the tliief, the Iting confiscated any goods thrown away.by liim in his flight. ^ 3. Any proceeding in a court of justice by which an Individual pursues that remedy which the law allows him. Whatever the mode, if a right is litigated the proceeding by which the decision of the court is sought is a " suit."- The prosecution, or pursuit, of some claim, demand, or request. In law language, the prosecution of some demand in a court of justice.' To "commence " a suit is to demand something by the institution of process in such court; and to " prosecute " a suit is to continue that demand." In any legal sense, action, suit, and cause are convertible terms.' Any proceeding in a court in which a plaintitt' pursues his remedy to recover a right or claim. 5 Any proceeding in a court for the purpose of obtaining such remedy as the law allows a party under the oircumstances." "Suit at law" is synonymous with "action at law." ' Usually "suit" and "action" are synonymous terms, although "suit" is of more general meaning, and is indefinitely applied to proceedings in law as well as in equity, while "action "is applied to proceedings at law.® ' 1 Bl. Com. 396-97. = [Weston V. Council of Charleston, 2 Pet. 464 (1829), Marshall, C. J.; Holmes v. Jennison, 14 id. B66 (1840), Taney, C. J.; Kohl v. United States, 91 U. S. 375 (1875), Strong, J. s Cohens v. Virginia, 6 Wheat. 408-11 (1821), Marshall, C. J. < Exp. MUligan, 4 Wall. 112 (1866), Davis, J. See also 4 Conn. 322; 58 N. H. 126; 1 Flip. 605. ^ Sewmg Machine Cases, 18 Wall. 585 (1S73), Clifford, J.; New Orleans, &c. R. Co. v. Mississippi, 102 U. S. 143^4 (1880). • Harris v. Phcenix Ins. Co., 35 Conn. 312 (1863), Hinman, C. J. ' White V. School District, 45 Conn. 61 (1877). In its most extended sense, a suit includes a criminal prosecution. " An indictment is an accusation at the suit of the king." i May apply to a controversy which has not yet taken the form of a pending suif The instruments whereby a remedy is obtained for a wrong done are a divei^ity of " suits " or " actions," which are defined to be the lawful demand of one's right, or, in the words of Justinian, jus prosequendi in judicio quod alicui debetur, the right of seeking in court whatever is due to anyone." Sue. To institute or continue an action or proceeding for the recovery of a right. To seek for in law; to make legal claim; to prosecute.^ Suitor. A party to a suit in court; a party litigant. See Action, 3; Cause, 1 (3); Controversy; Interplead; Intervene; Lawsuit; Multiplicity; Party, 2; Pbosecute; Record, 2; Vex. Compare Lis. No suit or action can be brought against the Idhg, even in civil matters, because no court can have jurisdiction over him ■— in his political capacity. Jurisdiction implies supremacy of power."* The principle is elementary tliat a state cannot be sued in its own courts without its consent. This is a privilege of sovereignty.^ " The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." ' The Constitution, as originally adopted, provided that the judicial power of the United States should extend to controversies " between a State and Citizens of another State," or "between a State, or the Citizens thereof, and foreign States, Citizens or Subjects," and that in all cases " in which a, State shall be a Party, the supreme Court shall have original Jurisdiction. " » The Supreme Court, in the case of Chisholm v. Georgia,^ decided in 1793, held that under these provisions a State could be sued in that Court by a citizen of another State. This decision led Congress in 1794 to pass a joint resolution, proposing an amendment to the Constitution, which, being ratified, became the Eleventh Amendment.'" Ever,y government has an inherent right to protect > United States v. Moore, 11 F. B. 251 (1882); Com* monwealth v. Moore, 144 Mass. 137 (1886); 3 Bacon, Abr. 542, 544. " Larkin v. Saffarans, 15 F. R. 151 (1883). > 3 Bl. Com. 116; 4 Conn. 322. « [United States v. Moore, 11 F. E. 251 (1882); Webster's Diet. » 1 Bl. Com. 243. • Memphis, &c. E. Co. i). Tennessee, 101 U. S. 389 (1879). ' Constitution, Amd. XI. Ratified Jan. 8, 1798. 8 Constitution, Art. Ill, sec. 2. «8 Dallas, 419. itself against suits. It tliey are permitted, it is only,. upon the ^ conditions prescribed by statute. But for the protection which the principle affords a government would be unable to perform its duties. It might be impossible to collect the revenue for its support, without infinite embarrassments and delays, if subject to civil processes the same as a private person.' A State may withdraw the right while an action pends to secure an adjudication, that being merely an auditing of the claim, not a remedy for enforcing a contract.^ When the power to sue the United States is given in an act of Congress, " State " means a member of the Union, and not the District of Columbia or a Territory. ^ But the of Scers whose acts are illegal and void may be sued.* A cause cannot be maintained against a State, though brought in its name, it the absolute right to the subject in controversy is in an individual (as, the real owner of a bond sued on), the plaintiff State being a mere collecting agent.* Eeference must be had to the real party in interest, not merely to the parties to the record; An action brought to restrain the attorney-general ot a State (Virginia) and the treasurers of the various counties from enforcing certain statutes alleged to impair contract obligations ot the State, with respect to coupon bonds issued by her, was held not to be maintainable, although the laws in question might violate such obligations.' See Court, Of claims; Eight, 8, Petition ot.

1. An action, prosecution. 2. Service; attendance by a tenant at the lord's court.

Is a very comprehensive, indefinite term for a judicial proceeding. It is largely used, in moderu jmiisprudence, to comprehend almost the whole body of proceedings arising in the exercise of original jurisdiction; and also, more narrowly, as an antithesis of action, and to denote a proceeding to obtain relief in equity, in contradistinction from an action at law. Thus, suit may include actions at law and bills in equity, as where the judiciary act of congi-ess of 1789 speaks of jurisdiction over suits of a civil nature at common law or in equity, — or may be used as excluding actions at law, and intending an equitable proceeding only. Presumas a new and independent proceeding; but may include eitiier, considered as a branch or continuation of a proceeding begun in original jurisdiction. Thus, a writ of error would not, ordinarily, be. deemed a suit, if the intention was to depict it as a remedy, commencing in the application for the writ; yet such phrases as " costs of suit," "event of his suit," "prosecuting his suit to effect," might, in the connection, clearly embrace the ultimate determination on error or appeal. Presumably, suit is not appropriate to criminal proceedings; nor to petitions to which there are no adversary parties. Moreover, what has been said above of the use of the word in opposition to action is little applicable, if at all, to the affiliated words sue, suitor, and lawsuit. Since to use the verb act in the sense of to proceed at law is quite inadmissible, and " aetor," in the sense of plaintiff, has special associations, " sue " and " suitor " must often be used with reference to common-law jurisdiction; and lawsuit is a popular rather than technical term, which is quite as likely to be used meaning any resort to courts of justice as to mean strictly a suit in law, as opposed to one in equity. And, upon the whole, " suit " is used so vaguely, and in such varied ways, that all which a work of this nature can do is to point out the uncertainty of its meaning. The context must determine how it is used in a given case. Old books mention the word in many connections which are now disused, — at least, in the United States. Thus, suit was used of following any one, or in the sense of pursuit; as in the phrase making fresh suit. It was also used of a petition to the king or lord. Suit of court was the attendance which a tenant owed at the court of his lord. Suit covenant and Kuit custom seem to have signified a right to one's attendance, or one's obligation to attend, at the lord's court, founded upon a known covenant, or an immemorial usage or practice of ancestors. Suit regal was attendance at the sheriff's touru or leet (his court). Suit of the king's peace was pursuing an Suit, as applied to proceedings at law, originally signified a number of persons or witnesses, which a plaintiff produced to establish the truth of the allegations made in his declaration; and this practice of producing a suit gave rise to the very ancient formula, almost invariably used at the conclusion of a declaration, — et inde producit sectam, and therefore he brings his suit. Although the actual production of plaintiff's suit has, for many centuries, fallen into disuse, still the formula, until recently, remained. Brawn. Grant of administration is not the commencement of a suit, within the provision of a statutory saving clause of "actions and suits pending." Davis v. Livingston, 6 Ohio, 225. The word suit literally includes a certiorari; that is. an action or prosecution by petition for recovery of a right Hendrix V. Kellogg, 32 Go. 435. An attachment against a non-resident debtor is a suit, within the meaning of the judiciary act of congress, giving exclusive jurisdiction to the district courts of the United States of all suits against consuls. Matter of Aycinena, 1 Sandf. 690. The term suit is applicable to a proceeding by mandamus. Mc Bane v. People, 50 ///. 503. A petition by a creditor to a board of supervisors, for the allowance of a demand against the county, is not a siiit. Gurnee v. County of Brunswick, 1 Hugh. 270. The term suit includes a writ of prohibition. It is a very compreliensive one, and is understood to apply to any proceeding in a court of justice in which an individual pursues that remedy in a court of justice which the law affords him. Weston v. Citv Council of Cliarleston, 2 Pet. 449. As used in a 'statute of limitations upon suits, does not include proceedings to review a decree in equity. The words " suit " or " action," in such statutes, apply only to proceedings had until judgment or decree. Wilt V. Stickney, 15 Bankr. Reg. 23. That the word suit does not include a, writ of error, see Overseers of Clayton u. Beedle, 1 Barb. 11. That it does include a petition by a creditor of a decedent estate to liquidate and recover his demand, see Calderwood v. Calderwood, 38 Vt. 171. A statute conferring jurisdiction of "every suit of a civil nature at law," will not include a statutory proceeding to enforce payment of a legacy. Suits for legacies were not of common-law jurisdiction. Woodruff V. Woodruff, 3 N. J. L. 413. Suitors' fee fund. In English chancery, is undei'stood to mean the fund formed from the payment of the fees of suitors in the court of chaiucery. It is realized from the sales made from the by the court; and forms the primary fund from which are paid the salaries of some of the officers of the court, and other expenses connected therewith. Suitors' fund. In English chancery, is understood to be the aggi-egate of moneys which, having been paid into the court of chancei'y, are placed out for the benefit and better security of the suitors of the court; including, also, interest arising from the same. Brown, however, seems to confine the term to the accumulation of interest on the deposits of suitors' moneys.

pleading. In an action of trespass to the persun, the defendant frequently justifies by pleading that he used no more force than was necessary to remove the plaintiff who was unlawfully in the house of the defendant, and for this purpose he gently laid his hands upon him,” molitur manus tmposuit. This plea may be used whenever the defendant laid hold of the plaintiff to prevent his committing a breach of the peace. When supported by evidence it is a complete defence. Ham. N.