Blacks Law - 4th Edition
MOTION
MOTION. Parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. Practice. Primarily an application for a rule or order made viva voce to a court or judge, but the term is generally employed with reference to all such applications, whether written or oral. Irwin v. Gilson Realty Co., 117 Fla. 394, 158 So. 77. Special motion. A motion addressed to the discretion of the court, and which must be heard and determined; as distinguished from one which may be granted of course. Merchants' Bank v. Crysler, Mo., 14 C.C.A. 444, 67 F. 390.
MOTION FOR DECREE. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for decree. Hunter, Suit Eq. 59; Daniell, Ch.Pr. 722.
MOTION FOR JUDGMENT. In English practice, a proceeding whereby a party to an action moves for the judgment of the court in his favor. S.Ct. Rules 1883, ord. 40.
MOTION IN ARREST OF JUDGMENT. It is intended to avoid judgment because of unamendable defect appearing on record. Turner v. Shackleford, 43 Ga.App. 271, 158 S.E. 439, 440.
MOTION IN ERROR. A motion in error stands on the same footing as a writ of error; the only difference is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, 21 Conn. 283.
MOTION TO SET ASIDE JUDGMENT. This is a step taken by a party ih an action who is dissatisfied with the judgment directed to be entered at the trial of the action.
MOTION. Parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. Practice. Primarily an application for a rule or order made viva voce to a court or judge, but the term is generally employed with reference to all such applications, whether written or oral. Irwin v. Gilson Realty Co., 117 Fla. 394, 158 So. 77. Special motion. A motion addressed to the discretion of the court, and which must be heard and determined; as distinguished from one which may be granted of course. Merchants' Bank v. Crysler, Mo., 14 C.C.A. 444, 67 F. 390.
MOTION FOR DECREE. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for decree. Hunter, Suit Eq. 59; Daniell, Ch.Pr. 722.
MOTION FOR JUDGMENT. In English practice, a proceeding whereby a party to an action moves for the judgment of the court in his favor. S.Ct. Rules 1883, ord. 40.
MOTION IN ARREST OF JUDGMENT. It is intended to avoid judgment because of unamendable defect appearing on record. Turner v. Shackleford, 43 Ga.App. 271, 158 S.E. 439, 440.
MOTION IN ERROR. A motion in error stands on the same footing as a writ of error; the only difference is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, 21 Conn. 283.
MOTION TO SET ASIDE JUDGMENT. This is a step taken by a party ih an action who is dissatisfied with the judgment directed to be entered at the trial of the action.