← Back to "P" terms

PROCESS

Categories: Criminal Law

Definition (1910 Edition)

court. -And when actions were commenced, by original writ, instead of, as at present, by writ of summons, the method of compelling the defendant to appear was by what was termed “original process,” being founded an the original writ, and so called also to distinguish it from “mesne”’ or “intermediate” process, which was some writ or process which issued during the progress of the suit. The word “process,” however, as now commonly understood, signifies those formal instruments called “writs.” The word “process” is in common-law practice frequently applied to the writ of summons, which is the instrument now in use for commencing personal actions. But in its more comprehensive signification it includes not only the writ of summons, but all other writs which may be issued during the progress of an action. Those writs which are used to carry the judgments of the courts into effect, and which are termed “writs of execution” are also commonly denominated “final process,” because they usually issue at the end of a suit. See Carey v. German American [ns. Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 007; Savage v. Oliver, 110 Ga. 636, 36 8S. E. 54; Perry v. Lorillard Fire Ins. Co., 6 Lans. (N. Y.) 204; Davenport v. Bird, 34 Iowa, 52T;

tion of proceedings against bim and to compel: his appearance, in either civil or criminal cases. See State v. Guilbert, 56 Ohio St. 575, 47 N. E. 551, 38 L. R. A. 519, 60 Am. St.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.