Benjamin N. Cardozo

“ Those issuing from the Supreme Court shall bear teste of the Chief Justice of the United States, or, when that office is vacant, of the associate justice next in precedence, and those issuing from a district court shall bear teste of the judge, or, when that office is vacant, of the clerk thereof.' We do not essay a definition of the word 'process' in every context. ”

“ The remedy by notice of motion in Virginia is governed by section 6046 of the Virginia Code (as amended by Acts Va. 1928, c. 121) . 'Any person entitled to maintain an action at law may, in lieu of such action at law, proceed by motion.' The remedy is an ancient one. ”

“ For present purposes it is enough to say that a notice of motion, if process at all, is not process issuing from a court, and assuredly is not a writ. [3] Only writs or processes so issuing are governed by the statute. This is the view expressed more than thirty years ago by Judge McDowell in two cases (Leas & McVitty v. Merriman, supra, and Schofield v. Palmer (C.C.) 134 F. 753) , which did much, we may be confident, to guide the conduct of the federal bar in adhering to the Virginia practice. It is the view expressed by Judge (later Mr. Justice) Sanford in the District Court of Tennessee. ”