Proceeding
Pro`ceed´ing
PROCEEDING. In its general acceptation, this word means the form in which
actions are to be brought and defended, the manner of intervening in suits,
of conducting them, the mode of deciding them, of opposing judgments and of
executing.
2. Proceedings are ordinary and summary. 1. By ordinary proceedings are
understood the regular and usual mode of carrying on, a suit by due course
at common law. 2. Summary proceedings are those when the matter in dispute
is decided without the intervention of a jury; these must be authorized by
the legislature, except perhaps in cages of contempts, for such proceedings
are unknown to the common law.
3. In Louisiana, there is a third kind of proceeding, known by the name
of executory proceeding, which is resorted to in the following cases: 1.
When the creditor's right arises from an act importing a confession of
judgment, and which contains a privilege or mortgage in his favor. 2. When
the creditor demands the execution of a judgment which has been rendered by
a tribunal different from that within whose jurisdiction the execution is
sought. Code of Practice, art. 732.
4. In New York the code of practice divides remedies into actions and
special proceedings. An action is a regular judicial proceeding, in which
one party prosecutes another party for the enforcement or protection of a
right, the redress or prevention of a wrong, or the punishment of a public
offence. Every other remedy is a special proceeding. Sec. 2.
MO,
accomplished fact,
accomplishment,
accounts,
achievement,
act,
acta,
action,
actions,
activity,
acts,
address,
advancing,
adventure,
affairs,
affectation,
air,
algorithm,
annals,
approach,
archives,
attack,
bearing,
behavior,
behavior pattern,
behavioral norm,
behavioral science,
blow,
carriage,
celebrations,
comportment,
concern,
concernment,
conduct,
coup,
course,
course of action,
culture pattern,
custom,
dealings,
deed,
demeanor,
deportment,
doing,
doings,
effort,
endeavor,
enterprise,
events,
exploit,
fait accompli,
fashion,
feat,
folkway,
form,
forward,
forward-looking,
gest,
gestures,
go,
go-ahead,
goings-on,
guise,
hand,
handiwork,
interest,
job,
line,
line of action,
lines,
maintien,
maneuver,
manner,
manner of working,
manners,
matter,
means,
measure,
method,
methodology,
methods,
mien,
minutes,
mode,
mode of operation,
mode of procedure,
modus operandi,
modus vivendi,
motion,
motions,
move,
movements,
moves,
moving,
observable behavior,
oncoming,
ongoing,
onward,
operation,
order,
overt act,
passage,
pattern,
performance,
poise,
port,
pose,
posture,
practice,
praxis,
presence,
procedure,
proceedings,
process,
production,
progressing,
progressive,
records,
reports,
res gestae,
routine,
social science,
step,
stroke,
stunt,
style,
system,
tack,
tactics,
technique,
the drill,
the how,
the way of,
thing,
thing done,
tone,
tour de force,
transactions,
turn,
undertaking,
way,
way of life,
ways,
wise,
work,
works
proceeding - (law) the institution of a sequence of steps by which legal judgments are invoked