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MONSTRANS DI Definition & Legal Meaning

Definition & Citations:

Which is either a simple monition in personam or an attachment and monition in rem. Ben. Adm. 22S, 230. It is sometimes termed “monition fits et modis,” and has been supposed to be derived from the old Roman practice of summoning a defendant. Mauro v. Almeida, 10 Wheat. 400, 6 L. Ed. 309. The monition, in American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to file and admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conk. Adm. (2d Ed.) 147.


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