notice of action or proceeding

The formal notice required to confer jurisdiction; a summons or original notice. A distinction is to be observed between knowledge of the pendency of an action or proceeding and notice thereof. If a defendant does not submit himself to the jurisdiction of the court, jurisdiction can be acquired in no other way than by actual or constructive notice, whatever he may know of the existence of the proceedings. National Metal Co. v Greene Consol. Copper Co. 11 Ariz 108, 89 P 535.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • notice of suit — See notice of action or proceeding …   Ballentine's law dictionary

  • notice — no·tice 1 n 1 a: a notification or communication of a fact, claim, demand, or proceeding see also process, service ◇ The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b …   Law dictionary

  • notice — Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Intelligence by whatever means communicated. Koehn v. Central Nat. Ins. Co. of Omaha, Neb …   Black's law dictionary

  • notice — Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Intelligence by whatever means communicated. Koehn v. Central Nat. Ins. Co. of Omaha, Neb …   Black's law dictionary

  • notice of appearance — The formal method of appearing in an action or proceeding. A written notice of appearance filed in the action or proceeding or a notice given orally in open court by a party or, in the usual case, by his attorney, stating that he appears. 5 Am… …   Ballentine's law dictionary

  • proceeding — In a general sense, the form and manner of conducting juridical business before a court or judicial officer. Regular and orderly progress in form of law, including all possible steps in an action from its commencement to the execution of judgment …   Black's law dictionary

  • action — A judicial proceeding, either in law or in equity, to obtain relief at the hands of a court. A judicial remedy for the enforcement or protection of a right, or a legal proceeding in which a plaintiff claims against a defendant or fund the… …   Ballentine's law dictionary

  • quiet title action — A lawsuit to determine who owns a piece of real estate and so quiet any disputes over the title. Such a suit arises when there is some question about title for example, uncertainty about the boundary, claims by a lienholder, a question about an… …   Law dictionary

  • adequate notice — Notice reasonably calculated to apprise a person of an action, proceeding, or motion. Notice sufficient to permit an objection or defense. U. S. v. San Juan Lumber Co., D.C.Colo., 313 F.Supp. 703, 709. Notice reasonably calculated, in all… …   Black's law dictionary

  • Class action — This article is about the legal term. For names of various art works, see Class Action (disambiguation). Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction… …   Wikipedia

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