COME

10 definitions found across Law Mind sources

COMEAuthored
The Law Mind • 945 words
Definition
In pleading and practice, "come" is a term of art signifying that a party appears before a court or otherwise presents itself as a participant in a proceeding. It does not require physical presence; constructive appearance satisfies the usage. The word functions as a formal marker of participation in the record. The term appears most commonly in the opening formula of pleadings — "Now comes the plaintiff/defendant" — and in record recitals confirming that a party has appeared. Its negation is equally significant: when a party fails to appear, the traditional record language is that the party "comes not, but makes default," which triggers the procedural consequences of default.
Common Language
Modern common usage (Wiktionary): To move toward or arrive at a place or person; to approach. Historical common usage (Webster's 1913): To move hitherward; to draw near; to approach the speaker or some indicated place or person. The ordinary meaning describes physical movement toward a location. The legal meaning is narrower and more technical: it signifies formal participation in a proceeding, which may be entirely constructive — through counsel, through filing, or by operation of rule — with no physical movement required. A party thousands of miles away who appears through counsel "comes" in the legal sense. A party who simply fails to respond "comes not." The word functions as a status marker in the record, not a description of travel.
Common Confusion
"Come" in the legal sense should not be confused with the ordinary requirement of physical presence. In early common law practice, the fiction of personal appearance before the court was more literal; over time, constructive presence became the norm, and the formula "now comes" became purely ceremonial language indicating that the named party is formally before the court. Researchers encountering older records should not read physical attendance into the phrase, nor should they assume that "comes not, but makes default" necessarily means the party was absent from the jurisdiction — it means only that the party failed to appear in the procedural sense.
Why It Matters in Research
This term is primarily significant as a marker of record language rather than as a substantive legal concept. Researchers working in historical pleading records, common law court rolls, or early American court files will encounter "come" and "comes" as boilerplate framing that signals the procedural posture of the parties. Its presence confirms appearance; its negation triggers default consequences. Two practical research notes: First, the Law French and Latin forms collected in Burrill — "come de det," "come ad," and related phrases — are distinct usages where "come" (from the Law French) means "as" or "whereas," not the English verb of appearance. Researchers in Anglo-Norman or early English legal records must distinguish between the verb of appearance and the conjunction. Burrill's entry addresses both, and conflating them is a common trap. Second, "comes" (the Latin third-person singular) appears in older pleading formulas and court records as the operative word; searching historical corpora for the appearance formula may require searching both "come" and "comes" depending on the period and record type. For corpus researchers, this term is more a navigational aid than an object of direct research: when "now comes" or "comes not" appears in a document, it locates the document in the pleading or record-keeping tradition and signals what procedural moment is being recorded.
Historical Dictionary Support
All four source dictionaries agree on the core definition: "come" in legal usage means to appear in court or to present oneself as a party to proceedings. Black's (both editions) and Burrill's Law Dictionary align closely, with Black's adding the instructive detail that constructive presence satisfies the usage and citing Horner v. O'Laughlin, 29 Md. 472, for the default formula. Anderson's Dictionary of Law is notably spare, directing the reader to "APPEARANCE" and "RESIDE" without elaborating — a reminder that Anderson treats this as a cross-reference term rather than an independent entry. Burrill's is the most historically layered of the four. In addition to the standard English pleading definition, it collects Law French phrases in which "come" operates as a preposition or conjunction ("as," "whereas") with no connection to the verb of appearance. This dual treatment makes Burrill's particularly valuable for researchers working in pre-modern English legal materials, where the Anglo-Norman legal vocabulary was still in active use. The modern dictionaries do not address the Law French usage at all, which represents a genuine gap for historical researchers. None of the historical sources address the decline of the formula as a substantive requirement. Modern rules of civil procedure (such as the Federal Rules) make formal appearance through the "now comes" formula optional or vestigial; the phrase persists in practice by convention, not by rule.
Jurisdictional Note
The "now comes" formula is a common law inheritance found in both American and English legal traditions. Its procedural consequences — particularly the effect of "comes not, but makes default" — are governed by jurisdiction-specific default rules. American practice varies by state and federal court as to what triggers default and what cures it; the formula itself does not determine those consequences.
Encyclopedia Cross-Reference
See APPEARANCE
Related Terms
Appearance — the broader procedural concept of which "come" is the record expression Default — the consequence when a party "comes not" Comes (Latin pleading form) — the third-person singular form used in older record language Constructive appearance — appearance without physical presencesatisfying the "come" requirement Pleading — the procedural context in which the formula most commonly appears Law French — the linguistic register for Burrill's alternative "come" usages
COMEmain
Black's Law Dictionary • 1891
To present oneself; to appear in D court. In modern practice, though such presence may be constructive only, the word is still used to indicate participation in the proceedings. Thus, a pleading may be- gin, "Now comes the defendant," etc. case of a default, the technical language of the record is that the party "comes not, but makes default." In E COMES, . A word used in a pleading to F indicate the defendant's presence in court. See COME.
COMEcrossref
Anderson's Dictionary of Law • 1890
See APPEARANCE, 3; RESIDE;
COMEmain
Burrill's Law Dictionary • 1867
L. Fr. As. Come de det; as of duty, (ex debito). Mirr. c. 5, § 1. Come ad, &c.; as that which he hath, &c. See Sur cognizance, &c. ceo que So. Come Dieu luy aide; so help him God. The conclusion of the old coronation oath of the English sovereigns. 1 Bl. Com. 236, note. Whereas. Rot. Parl. 4 Hen. IV. 1 Rep. Ch. Appendix. To COME. In pleading and practice. To appear in court; as a party does in an action at law. A defendant in pleading is said to "come and defend." Where a party fails to appear, the language of the record is, that he "comes not, but makes default." To COME TO LAND. [Fr. venir a la terre.] In old English law. To acquire land; to obtain possession under a title. This, together with the still used term in, (Fr. eins,) appears to be derived from the old practice of giving livery of seisin, in which the feoffee actually went in person to the land, and entered upon it. "If he come to the land (s'il vient a la terre,) by a later title, yet the law will adjudge him in (la ley lui adjugera eins) by force of the elder title." Litt. sect. 659, 660. See In.
COMEv.
Websters Unabridged Dictionary (1913) • 1913
To move hitherward; to draw near; to approach the speaker, or some place or person indicated; -- opposed to go. Look, who comes yonder Shak. I did not come to curse thee. Tennyson. To complete a movement toward a place; to arrive. When we came to Rome. Acts xxviii. 16. Lately come from Italy. Acts vviii. 2. To approach or arrive, as if by a journey or form a distance. "Thy kingdom come." Matt. vi. 10. The hour is comming, and now is. John. v. 25. So quik bright things come to confusion. Shak. To approach or arrive, as the result of a cause, or of the act of another. From whence come wars James iv. 1. Both riches and honor come of thee! Chron. xxix. 12. To arrive in sight; to be manifest; to appear. Then butter does refuse to come. Hudibras. To get to be, as the result of change or progress; -- with a predicate; as, to come united. How come you thus estranged Shak. How come her eyes so bright Shak. To assume official station or duties; as, when Lincoln came in. To comply; to yield; to surrender. "We need not fear his coming in" Massinger. (e) To be brought into use. "Silken garments did not come in till late." Arbuthnot. (f) To be added or inserted; to be or become a part of. (g) To accrue as gain from any business or investment. (h) To mature and yield a harvest; as, the crops come in well. (i) To have sexual intercourse; -- with to or unto. Gen. xxxviii. 16. (j) To have young; to bring forth; as, the cow will come in next May. [U. S.] -- To come in for, to claim or receive. "The rest came in for subsidies." Swift. -- To come into, to join with; to take part in; to agree to; to comply with; as, to come into a party or scheme. -- To come it ever, to hoodwink; to get the advantage of. [Colloq.] -- To come near or nigh, to approach in place or quality to be equal to. "Nothing ancient or modern seems to come near it." Sir W. Temple. -- To come of. (a) To descend or spring from. "Of Priam's royal race my mother came." Dryden. (b) To result or follow from. "This comes of judging by the eye." L'Estrange. -- To come off. (a) To depart or pass off from. (b) To get free; to get away; to escape. (c) To be carried through; to pass off; as, it came off well. (d) To acquit one's self; to issue from (a contest, etc.); as, he came off with honor; hence, substantively, a come off, an escape; an excuse; an evasion. [Colloq.] (e) To pay over; to give. [Obs.] (f) To take place; to happen; as, when does the race come off To be or become after some delay; as, the weather came off very fine. (h) To slip off or be taken off, as a garment; to separate. (i) To hurry away; to get through. Chaucer. -- To come off by, to suffer. [Obs.] "To come off by the worst." Calamy. -- To come off from, to leave. "To come off from these grave disquisitions." Felton. -- To come on. (a) To advance; to make progress; to thrive. (b) To move forward; to approach; to supervene. -- To come out. (a) To pass out or depart, as from a country, room, company, etc. "They shall come out with great substance." Gen. xv. To become public; to appear; to be published. "It is indeed come out at last." Bp. Stillingfleet. (c) To end; to result; to turn out; as, how will this affair come out he has come out well at last. To be introduced into society; as, she came out two seasons ago. To appear; to show itself; as, the sun came out. (f) To take sides; to take a stand; as, he came out against the tariff.(g) To publicly admit oneself to be homosexual. -- To come out with, to give publicity to; to disclose. -- To come over. (a) To pass from one side or place to another. "Perpetually teasing their friends to come over to them." Addison. To rise and pass over, in distillation. -- To come over to, to join. -- To come round. (a) To recur in regular course. (b) To recover. [Colloq.] (c) To change, as the wind. (d) To relent. J. H. Newman. To circumvent; to wheedle. [Colloq.] -- To come short, to be deficient; to fail of attaining. "All have sinned and come short of the glory of God." Rom. iii. 23. -- To come to. (a) To consent or yield. Swift. (b) (Naut.) (with the accent on to) To luff; to brin the ship's head nearer the wind; to anchor. (c) (with the accent on to) To recover, as from a swoon. (d) To arrive at; to reach. (e) To amount to; as, the taxes come to a large sum. (f) To fall to; to be received by, as an inheritance. Shak. -- To come to blows. See under Blow. -- To come to grief. See under Grief. -- To come to a head. (a) To suppurate, as a boil. (b) To mature; to culminate; as a plot. -- To come to one's self, to recover one's senses. -- To come to pass, to happen; to fall out. -- To come to the scratch. (a) (Prize Fighting) To step up to the scratch or mark made in the ring to be toed by the combatants in beginning a contest; hence: (b) To meet an antagonist or a difficulty bravely. [Colloq.] -- To come to time. (a) (Prize Fighting) To come forward in order to resume the contest when the interval allowed for rest is over and "time" is called; hence: (b) To keep an appointment; to meet expectations. [Colloq.] -- To come together. (a) To meet for business, worship, etc.; to assemble. Acts i. 6. (b) To live together as man and wife. Matt. i. 18. -- To come true, to happen as predicated or expected. -- To come under, to belong to, as an individual to a class. -- To come up (a) to ascend; to rise. (b) To be brought up; to arise, as a question. (c) To spring; to shoot or rise above the earth, as a plant. (d) To come into use, as a fashion. -- To come up the capstan (Naut.), to turn it the contrary way, so as to slacken the rope about it. -- To come up the tackle fall (Naut.), to slacken the tackle gently. Totten. -- To come up to, to rise to; to equal. -- To come up with, to overtake or reach by pursuit. -- To come upon. (a) To befall. (b) To attack or invade. (c) To have a claim upon; to become dependent upon for support; as, to come upon the town. (d) To light or chance upon; to find; as, to come upon hid treasure.
COMEv.
Websters Unabridged Dictionary (1913) • 1913
To carry through; to succeed in; as, you can't come any tricks here. [Slang] To come it, to succeed in a trick of any sort. [Slang]
COMEn.
Websters Unabridged Dictionary (1913) • 1913
Coming. Chaucer.
comenoun
Wiktionary (English) • 2026
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Coming, arrival; approach. | Semen | Female ejaculatory discharge.
comeprep
Wiktionary (English) • 2026
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Used to indicate a point in time at or after which a stated event or situation occurs.
comeintj
Wiktionary (English) • 2026
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An exclamation to express annoyance. | An exclamation to express encouragement, or to precede a request.

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