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Process Used to Institute a Suit Is a Summons


PROCESS USED TO INSTITUTE A SUIT IS A SUMMONS. In the United States, generally, a sum mons is the form of process used to institute a suit. It is generally attested by the chief justice, or presid ing judge of the court from which it issues, and is returnable to the court from which it issues. It is ad dressed to the sheriff of the county, is to be returned on a day certain therein named, and in general takes the place of the original writ of the common law.

A capias ad respondendum, authorizing the arrest of the defendant's person, is of very limited use in this country as original process. It is allowed in some jurisdictions by express statutory authority in cases of fraud, breach of trust, or other gross wrongdoing.

An attachment is similarly authorized against the property of absconding debtors, non-residents and other classes of persons specifically designated in the statutes providing for this summary process.