ANSWER; PLEA; PLEADING; REPLICATION). The court then directed the attendance of the par ties and witnesses at the trial, which was a for mal examination of the material facts, usually before a jury. (See Juav; TRIAL). After ver dict various remedies were provided for the unsuccessful party. For instance, he could move in arrest of judgment, for a new trial, for a writ summoning a new jury on the ground of misconduct, etc. After Judgment the de feated party had a remedy by writ of error, which was acted unon by a higher court, This writ stated the cause of complaint in a general manner and the assignments of error pointed out, the particular errors of law alleged to have been committed by the trial court. On denial of these specifications by the opposite party, an issue was raised, which resulted in an affirm ance or reversal of the judgment of the lower court. (See ERROR; WRIT). After final judg ment the writ of execution followed, by which the judgment was enforced. This was usually effected by seizure of the person or property of the defendant.
Procedure in civil actions in the United States to-day is to a large extent founded on the common law, modified by statutes or by the adoption of codes. Each State has its own distinct system and this is true also of the Federal courts. In both Federal and State courts, civil actions generally are commenced by the service of process called summons upon the defendant. This writ is in some States served by the sheriff or his deputy, but in other States it may be served by the attorney or agent of the plaintiff. In the usual administration of justice to-day, judicial process is indispensable. Until notice is given, the court has acquired no jurisdiction whatever to proceed to judgment Even in proceedings in rem, notice, either act ual or constructive, is required in order that the judgment may be valid. (See PROCESS ; SUM MoNs). Subsequently to the service of the sum mons a declaration or complaint, stating the cause of action, is served on the defendant by the counsel for the plaintiff, after which may follow the plea, answer, demurrer and various other pleadings. A general demurrer by the
defendant denies that a cause of action has been stated and thus a question of law arises to be decided by the court. If the defendant's demurrer is sustained, judgment is rendered for the defendant In some States, if the de fendant's demurrer is overruled, he is allowed to answer and the action proceeds. In some jurisdictions a motion to strike out immaterial matter has supplanted the demurrer as a remedy for formal defects. (See DEMURRER). If the defendant fails to answer, judgment may be taken against him by default. By code in vari ous States, including New York (1848), among other reforms, distinctions between pleading at law and equity have been abolished and liberal provisions made for amendments to pleadings. By statute in other States various similar re forms have been accomplished. In the Federal courts of the United States in actions at law, the procedure of the State in which the court is located is followed, hut in equity proceed ings the procedure of the State is ignored and made uniform throughout the United States by court rules. A change is foreshadowed, however, in the procedure in the Federal courts in actions at law by the majority report of the Senate Committee on Judiciary (1917), favoring a bill authorizing the Supreme Court to adopt rules regulating the procedure and making It uniform throughout the United States. This bill has also been indorsed by the American Bar Association. Pressure of more important legislation due to the war, however, has caused a postponement of action on the bilL The term of execution)) in England at the present day includes the following: elegit, sequestration, capias, Seri facias and attachment. In the United States not all these forms are in use in every jurisdiction, the subject being one that is regulated to a large extent by statute. (See EXECUTION). The writ of error has been abolished in many jurisdictions in the United States and appeal substituted therefor. See