summary proceeding
Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Bouvier (1914), Black's (1910)
Definitions from Case Law
From 294 U.S. 648 - Continental Illinois Nat Bank Trust Co of Chicago v. Chicago R I & P Ry Co · 1935Most cited · 1,519 citing opinions
Summary procedure implies a single hearing at which the merits of the controversy are investigated and decided, without much regard to the formal pleadings.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A form of trial in which the ancient established course of legal proceedings is disregarded, especially in the matter of trial by jury, and, in the case of the heavier crimes, presentment by a grand jury. See 8 Gray (Mass.) 329. In no case can the party be tried summarily unless when such proceedings are authorized by legislative authority, except perhaps in cases of contempts; for the common law is a stranger to such a mode of trial. 4 Bl. Comm. 280. See 2 Kent, Comm. (6th Ed.) 73; 2 Conn. 819; 4 Conn. 535; 37 Me. 172; 4 Hill (N. Y.) 145; 8 Gray (Mass.) 329; 4 Dev. (N. C.) 15; 10 Yerg. (Tenn.) 59.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
A form of trial in which the ancient established course of legal proceedings is disregarded, especially in the matter of trial by jury, and, in the case of the heavier crimes, presentment by a grand jury. See Jones v. Bobbins, 8 Gray (Mass.) 320. In no case can the party be tried summarily unless when such proceedings are authorized by legislative authority, except perhaps in cases of contempts; for the common law is a stranger to such a mode of trial; 4 Bla. Com. 2S0. See 2 Kent 73; Taylor v. Porter, 4 Hill (N. Y.) 145, 40 Am. Dec. 274; Jones v. Robbins, 8 Gray (Mass.) 329; Hoke v. Henderson, 15 N. C. 15, 25 Am. Dec. 677; Jones’ Heirs v. Perry, 10 Yerg. (Tenn.) 59, 30 Am. Dec. 430. The term summary proceedings is applied to proceedings under statute for enabling landlords promptly to dispossess tenants who hold over after default in payment of rent, or after expiration of the term.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
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,
Defined under Proceeding in Black's Law Dictionary.