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A taking; a seizure; literally, a heading, but of variable meaning in the law of practice. In some jurisdictions, the title of the court and the style of the cause as formed from the names of the plaintiff and defendant, their relation on the record being indicated by the familiar "vs." or the equivalent "against." Jackson v Ashton (US) 8 Pet 148, 8 L Ed 898; in other jurisdictions, all that appears at the head of a pleading or order of court, including the title of the court, the names of the parties, the docket number, and such other entries respecting the nature of the suit and the process under which it is maintained as may be required by statute or rule of court; in still other jurisdictions, the phrasing at the head of an order showing how, when, and where the cause arose came on for trial or hearing, the name of the judge or justice presid- ing, and the presence of the officers of the court, the statement of venue in a certificate of acknowledgment. 1 Am J2d Ack § 46; the heading of all affidavit which states the title of the court and the cause in which it is to be used and the names of the parties. 3 Am J2d Affi § 13; the heading of a deposition which usually contains the authority under which the deposition is taken, the name and description of the supervising officer, the court in the case in which it is intended to be used, the name of the deponent and the fact that he was sworn, the time and place of the taking, and the names of the parties and attorneys present, such being the matters to which the supervising officer must certify. 23 Am J2d Dep § 69; the history or record of a criminal case up to the finding of an indictment, appearing as a preamble to the indictment. 27 Am J1st Indict § 36; the designation of court and parties in an assignment of errors. 5 Am J2d A & E § 659; in a deed, the part of the instrument, otherwise known as "the premises," which precedes the habendum clause, in effect, the part of the instrument in which the property is really granted. 23 Am J2d Deeds § 33.

Ballentine's law dictionary. . 1998.

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