Actio mixta

A mixed action for the recovery of a thing, or compensation for damages and also for the payment of a penalty partaking of the nature of an action in rem and in i>< rsonam. Hunter, Rom. L. 340. ACTIO N0N. In Pleading. The declaration in a special plea "that the said plaintiff ought not to have or maintain his aforesaid action thereof against" the defendant (in Latin, actionem non habere debet). It follows immediately after the statement of appearance and defence; 1 Chit Plead: 531; 2 id. 421; Stephens, Plead. 394. ACTIO N0N ACCREVIT INFRA SEX ANN OS (Lat). The action did not accrue within six years. A plea of the statute of limitation which the defendant insists that the plaintiff's action has not accrued within six j It differs from non assumpsit in this: non assumpsit is the proper plea to an action on a simple contract, when the action accrues on the promise; but when it does not accrue on the promise, but subsequently to it. the proper plea is actio non accrevit, etc.; Law. g, Plead. 733; Meade v. M'Dowell, 5 Binn (Pa.) 200, 203; 2 Salk. 422; 2 Saund. 63 0.

A mixed action; an action brought for the recovery of a thing, or compensation for" damages, and also for the payment of a penalty; partaking of the nature both of an actio in rem and tn personam. Inst. 4, 6, 16, 18, 19, 20; Mackeld. Rom. Law, § 209

Defined under Actio in Black's Law Dictionary.

or MISTA.

In the civil law. A mixed action; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an oditio in rem, and in personam. Inst. 4. 6. 16, 18, 19, 20. 1 Mackeld. Civ. Law, 193, § 196. An action in which each party is actor, or plaintiff; such as the sjctiojis finium regundorum, familioe erciscundoB, communi dividundo, and others. Dig. 47. 7. 37. 1. Bracton adopts both these significations, describing the actio mixta, in the first sense, as one which claims a thing itself, and a penalty for its unjust detention, ( persequitur rem ipsam, et pcenam propter injustam detentionem.) Bract, fol. 102 b. 372 a. Hence the mixed action of the common law. See Mixed action.