CITATION

In practice. A writ is- sued out of a court of competent jurisdic- tion, commanding a person therein named to appear on a day named and do something therein mentioned, or show cause why he should not. Proc. Prac. The act by which a person is so summoned or cited. It is used in this sense, in American law, in the practice upon writs of error from the United States supreme court, and in the pro- D E ure, but is deduced from them by a process of proba ceedings of courts of probate in many of the F ble reasoning, the evidence and proof are said to be presumptive. Best, Pres. 246; Id. 12. All presumptive evidence is circumstantial, be- cause necessarily derived from or made up of cir- cumstances, but all circumstantial evidence is not presumptive, that is, it does not operate in the way of presumption, being sometimes of a higher grade, and leading to necessary conclusions, in- stead of probable ones. Burrill CIRCUMSTANTIBUS, TALES DE. See TALES.

(211) either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true, according as it is more or less probable that the circumstances would not have existed unless the fact which is inferred from them had also existed: and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fact can be produced, circumstantial evidence ought not to be trusted. Chief Baron Gilbert, therefore, considered it a higher species of proof. He says, "When the fact itself cannot be proved, that which comes nearest to the proof of the fact is the proof of the circumstances which necessarily or usually attend such facts, and which are called presumptions and not proofs, for they stand instead of the proofs of the fact till the contrary be proved." (1 Phil. Ev. ch. 7, § 2; see Wills Cir. Ev). - Wharton. * In ordinary action. In an action in the High Court, where a defendant claims to be entitled to relief (e. g. contribution or indemnity) against any person not a party to the action, he may, by leave, issue a notice to that effect, stating the nature of the claim, and requiring him to enter an appearance in the action; the notice is filed, and a sealed copy of it is served on the person, together with a copy of the statement of claim in the action. (Rules of Court, xvi. 18.) This is called "citation," or "notice by defendant to third party." (Swansea, &c., Co. v. Duncan, 1 Q. B. D. 644.) If the third party fails to appear, he cannot dispute the validity of any judgment obtained against the defendant citing him. (Rules of Court, xvi. 20. See Yorkshire Waggon Co. v. Newport Coal Co. 5 Q. B. D. 268.) If he appears, it is the duty of the party citing him to apply to the court for directions as to the mode of having the question in the action determined. In divorce practice, citation corresponds in some respects with a writ of summons in ordinary actions; it is a document directed to the respondent or co-respondent, and commanding him to appear within a certain time after service. It cannot be extracte or issued until the CIRCUMSTANTIBUS, TALES DE.-See TALES.

[Lat. citatio, q. v.] In practice. The process used in the ecclesiastical courts, to call a party before them. 3 Bl. Com. 100. 3 Steph. Com. 720. It is the first step which is taken in an ecclesiastical cause; and is somewhat analogous to the writ of capias or summons at common law, or the subpoena in chancery. Holthouse. In Scotch practice. The calling of a party to an action, done by an officer of court under a a proper warrant. Bell's Dict. In American practice. An official call or notice to appear in court. Forbes, J. 1 Cushing's R. 529. A process used in surrogates' courts, requiring the attendance of parties on the probate of wills. Dayton's Surrogate, 18, 21, and Appendix No. 5. CITE, Citee, Citie. L. Fr. City; a city. Citee de Loundr'; city of London. Yearb. M. 3 Edw. II. 55. Cité de Londres. P. 7 Hen. VI. 27. En la citie de Everwike; in the city of York. T. 10 Edw. III. 3. CITIZÉIN. L. Fr. Citizen; a citizen. Les citezeinz de Loundr'. Yearb. M. 3 Edw. II. 55.

An official summons or notice given to a person to appear; the paper containing such summons or notice. The act of citing a passage from a book, or from another person, in his own words; also, the passage or words quoted; quotation. This horse load of citations and fathers. Milton. Enumeration; mention; as, a citation of facts. A reference to decided cases, or books of authority, to prove a point in law.

An official summons or notice given to a person to appear. | The paper containing such summons or notice. | The act of citing a passage from a text, or from another person, using the exact words of the original text or speech and giving credit to the original by referencing. | An entry in a list of sources from which information was taken, typically following a prescribed bibliographical style; a reference. | The passage or words quoted; a quotation. | A quotation with attached bibliographical details demonstrating the use of a particular lexical item in a dictionary, especially a dictionary on historical principles. | Enumeration; mention. | A reference to decided cases, or books of authority, to prove a point in law. | A commendation in recognition of some achievement, or a formal statement of an achievement.