KFLCC Kingdom Law 2nd Ed.

947

PROCEEDING

PROBATIVE

the body of rules, whether of practice or ot pleading, whereby rights are effectuated through the successful application of the proper remedies. It is also generally distin guished from the law of evidence. Brown. See Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct 443, 27 L. Ed. 506; Cochran v. Ward, 5 Ind. App. 89, 29 N. E. 795, 31 N. E. 581, 51 Am. St. Rep. 229. The law of procedure is what is now com monly termed by jurists "adjective law," {Q. v.) PROCEED. A stipulation not to proceed against a party is an agreement not to sue. To sue a man is to proceed against him. Planters' Bank v. Houser, 57 Ga. 140; Iliff v. Weymouth, 40 Ohio St. 101. PROCEEDING. In a general sense, the form and manner of conducting juridical business before a court or judicial officer; regular and orderly progress in form of law; including all possible steps in an action from its commencement to the execution of judg ment. In a more particular sense, any ap plication to a court of justice, however made, for aid in the enforcement of rights, for re lief, for redress of injuries, for damages, or for any remedial object. Erwin v. U. S. (D. C.) 37 Fed. 488, 2 L. R. A. 229; People v. Raymond, 186 111. 407, 57 N. E. 1066; More wood v. Hollister, 6 N. Y. 309; Uhe v. Rail way Co., 3 S. D. 563, 54 N. W. 601; State v. Gordon, 8 Wash. 488, 36 Pac. 498. —Collateral proceeding. One in which the particular question may arise or be involved incidentally, but which is not instituted for the very purpose of deciding such question; as in the rule that a judgment cannot be attacked, or a corporation's right to exist be questioned, in any collateral proceeding. Peyton v. Peyton, 2S Wash. 278, 68 Pac. 757; Peoria & P. U. R. Co. v. Peoria & F. R. Co., 105 111. 116.—Exec utory proceeding. In the law of Louisiana, a proceeding which is resorted to in the follow ing cases: When the creditor's right arises from an act importing a confession of judg ment, and which contains a privilege or mort gage in his favor; or when the creditor de mands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought. Code Prac. La. art. 732.—Legal pro ceedings. This term includes all proceedings authorized or sanctioned by law, and brought or instituted in a court of justice or legal tri bunal, for the acquiring of a right or the en forcement of a remedy. Griem v. Fidelity & Casualtv Co., 99 Wis. 530. 75 N. W. 67; In re Emslie (D. C.) 98 Fed. 720; Id., 102 Fed. 293, 42 C. C. A. 350; Mack v. Campau, 69 Vt. 558, 38 Atl. 149, 69 Am. St Rep. 948 —Special proceeding. This phrase has been used in the New York and other codes of pro cedure as a generic term for all civil remedies which are not ordinary actions. Code Proc. N. Y. § 3.—Summary proceeding. Any pro ceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, with out presentment or indictment, or in other re spects out of the regular course of the com mon law. In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; ». e., in comparison with the proceedings which

mediate proceedings are presumed. 1 GreeuL Ev. { 20. PROBATIVE. In the law of evidence. Having the effect of proof; tending to prove, or actually proving. —Probative fact. In the law of evidence. A fact which actually has the effect of proving a fact sought; an evidentiary fact. 1 Benth. Ev. 18. P R OB A T OB. In old English law. Strictly, an accomplice in felony who to save himself confessed the fact, and charged or accused any other as principal or accessory, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charg ed upon another. Jacob. See State v. Gra ham, 41 N. J. Law, 16, 32 Am. Rep. 174. PROBATORY TERM. This name is giv en, in the practice of the English admiralty courts, to the space of time allowed for the taking of testimony in an action, after issue formed. PROBATT7M EST. Lat It is tried or proved. PROBUS ET LEGALIS HOMO. Lat. A good and lawful man. A phrase particu larly applied to a juror or witness who was free from all exception. 8 Bl. Comm. 102. PROCEDENDO. In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be proceeded in there, where it ap pears to the superior court that it was re moved on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. People, 6 Johns. (N. Y.) 446. A writ which issued out of the common law jurisdiction of the court of chancery, when judges of any subordinate court delay ed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign's name to proceed to give judg ment, but without specifying any particular judgment. Wharton. A writ by which the commission of a jus tice of the peace is revived, after having been suspended. 1 Bl. Comm. 353. —Procedendo on aid prayer. If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154. PROCEDURE. This word is commonly opposed to the sum of legal principles consti tuting the substance of the law, and denotes