summons and severance
Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Bouvier (1914), Black's (1910)
Definitions from Case Law
From 77 U.S. 416 - Masterson v. Herndon · 1870Most cited · 144 citing opinions
the other party issued a writ of summons, by which the one who refused to proceed was brought before the court, and if he still refused, an order or judgment of severance was made by the court, whereby the party who wished to do so could sue alone. One of the effects of this judgment of severance was to bar the party who refused to proceed, from prosecuting the same right in another action, as the defendant could not be harassed by two separate actions on a joint obligation, or on account of the same cause of action, it being joint in its nature.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
See "Severance." SUMMUM JUS (Lat.) Strict right; extreme right. 3 Bl. Comm. 392; 1 Burrows, 54. The extremity or rigor of the law. Burr. Sett. Cas. 588. Lord Bacon applies the phrase to strict law, untempered by equity. Works, IV. 274.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
See Severance. SUMMUM JUS (Lat.). Extreme right, strict right. See Maxims,, Summum jus, etc.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
The proper name of what is distinguished in the books by the name of "summons and severance" la "severance;" for the summons is only a process which must, in certain cases, issue before judgment of severance can be given; while severance is a judgment by which, where two or more are joined in an action, one or more of these is enabled to proceed in such action without the other or others. Jacob.
Defined under Summons in Black's Law Dictionary.