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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 48. The Process |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Process is any writ or other judicial means by which a defendant is called or brought into court to answer the plaintiff's declaration. The common forms of process are:
(a) The writ of summons, which is a writ commanding the sheriff, or other official, to summon the defendant to appear in court on a certain day to answer the plaintiff's declaration.
(b) A capias ad respondendum is a writ commanding the sheriff to arrest the defendant and to have him before the court on a certain day, to answer the plaintiff's declaration. This writ is generally allowed only in cases of fraud, breach of trust, or other similar wrong.1
(c) A writ of attachment.
 
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