PROCEDURE, in law, a term used by legal writers to indicate the formal proceedings in a suit and the rules governing them. The English courts of law, from the first, enforced rights by various actions. "Real actions" were used for the recovery of lands; but in later times were mostly abandoned, and "ejectment ",became the usual method of trying title to land. The other legal actions were " covenant," to recover damages for breach of an agreement under seal; " assumpsit," to recover damages for breach of a con tract not under seal, whether written or parole; "trover," to recover damages for the conversion of chattels; " detinue" and "replevin," to recover possession of "debt," to recover a liquidated sum from the defendant; "trespass," to recover damages for a wrongful act of violence to property or person; and "ease," to recover damages• where such act was without violence, or the injury complained of was indirect. The rules of these actions were exceedingly -technical, as were the rules of pleading used in conducting them; and though the rights of a party might be perfectly clear, he would lose the suit if he had failed to bring the technical form of action suitable to their enforcement, or violated the particular form of plea. At equity, there were no specified forms of action; but one simple form of procedure enabled parties to establish their claims or defenses, and, if necessary, afforded the relief asked for. The case was set forth in detail in the " bill," to which defendant replied, stating his side of the case, in the "answer," and the court so framed its decree as to afford relief to the' proper parties, whether complainants or defendants, and equitably to arrange the rights of all parties interested. To secure this equitable adjustment, every person whose
interests would be affected by the chancellor's decree was made party to the snit. The principles of procedure at common law and at equity were adopted in this country, where they were for a long time substantially identical with the English forms of pro cedure from which they were taken. The old common-law pleading, and the distinc tion between courts of equity and law are still retained in some states. But since 1848, when the legislature of New York authorized a civil code, chiefly the work of David Dudley 'Field, many other states have given up the old methods, abolished the distinction between law and equity, and substituted a single "civil action" for the enforcement of all rights. All proper defenses, whether legal or equitable, are available and may be combined in this action, and similarly, all claims of whatever nature may be enforced. The final judgment of the court, like a decree in chancery, from the consideration of all the claims and defenses, determines the rights of all the parties to the suit. The tech nical forms of pleading have also been abolished in New York and other states which have adopted a code nnideled after that of New York. The parties to the suit, in setting up their claims or defenses, are only required to make a statement of their claims or defenses iu ordinary words. This system, with inconsiderable modification of detail, now prevails in 23 states and territories. It is a "civil" code only, and .in criminal cases the old exactness of pleading is still required.