PRACTICE

The form or.mode of proceeding in courts of justice for the enforcement of rights or the redre of wrongs, as distinguished from the substantive law whicb gives the right or denounces the wrong. The· form, manner, or order of instituting and conducting a suit or other judicial proceeding, through its succe ive stages to its end, ill accordance with the rules and prillciples laid down by law or tJy the regulations and precedents of the courts.. The term applies as well to the conduct of criminal actions as to civil suits, to proceedings ill equity as well as at law, and to the defense as well as the prosecution of any proceeding. See Fleischman v. Walker, 91 Ill. 321; People v. ·Central Pac. R. Co., 83 Cal. 393, 23 Pac. 303; Kring v. Mills our i, 107 U. S. 221, 2 Sup. Ct. 443, Z1 L. Ed. 506; Opp v. Ten Eyck, 99 Ind. 351; Beardsley v. Littell, 14 Blatchf. 102, Fed. Cas. No. 1,185; Union Nat. Bank v. Byra.m, 131 Ill. 92, 22 N. E. 842. It may include pleading, but is usually eni:- ployed as excluding both pleading and evideuce, and to designate all the incidental acts and steps in the course of bringing matters pleaded · to trial and proof, and procuring and enforcini:; judgment on them. [s. 930]