trial by proviso

trial by proviso
A proceeding whereby the defendant in an action undertakes to bring the cause to trial upon the failure of the plaintiff to do so.

Ballentine's law dictionary. . 1998.

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  • trial by proviso — In old English practice, a trial brought on by the defendant, in cases where the plaintiff, after issue joined, neglects to proceed to trial; so called from a clause in the writ to the sheriff, which directs him, in case two writs come to his… …   Black's law dictionary

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