Trial by proviso
Defined in 2 dictionaries — Ballentine's (1916), Black's (1910)
Ballentine's Law Dictionary
James A. Ballentine · 1916
A proceeding whereby the defendant undertakes to bring a cause to trial on the failure of the plaintiff to do so.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In English practice. A trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so calied from a clause in the writ to the sheriff, which directe him, in case two writs come to his hands, to execute but one of them. 3 Bl. Comm. 357.