commencement of action

commencement of action
Demanding something by the institution of process in a court of justice. Cohen v Virginia (US) 6 Wheat 408, 5 L Ed 257. In some jurisdictions, the issuance of process is the commencement of an action; in other jurisdictions an action is not commenced until the process is delivered to the sheriff or other officer for the purpose of having him serve it upon the defendant; in still other jurisdictions, an action is not commenced until the process is actually served. 1 Am J2d Ac tions § 86. An attempt to commence an action is sometimes deemed the equivalent of the commencement of an action. Goldenberg v Murphy, 108 US 162. 27 L Ed 686, 2 S Ct 388.

Ballentine's law dictionary. . 1998.


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