Actio Personalis

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Black's (1891), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A personal action. The proper term in the civil law is actio in personam, ACTIO PERSONALIS MORITUR CUM persona (Lat.) A personal action dies with the person. In Practice. A maxim which formerly expressed the law in regard to the surviving of personal actions.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A personal action. See Personal Action.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In the civil and common law. A personal action. The ordinary term for this kind of action in the civil law is actio in personam, (q. v.,) the word personalis being of only occasional occurrence. Inst. 4, 6, 8, in tit.; Id. 4, 11, pr. 1. Bracton, however, uses It freely, and hence the personal action of the common law. Bract, fols. 102a, 159b. See Personal Action.

A Dictionary of Law

Henry Campbell Black · 1891

In the civil and common law. <A personal action. The ordinary term for this kind of action in the civil law is actio in personam, (q. v.,) the word personalis being of only occasional occurrence. Inst. 4, 6, 8, in tit.; Id. 4, 11, pr. 1. Bracton, however, uses it freely, and hence the personal aciion of the common law. Bract. fols. 1022, 159d. See PexrsonaL

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

In the civil and common law. A personal action. The ordinary term for this kind of action in the civil law is actio in personam, (q. v.) the word personalis being of only occasional occurrence. Inst. 4. 6. 8. in tit. Id. 4. 11. pr. 1. Bracton, however, uses it freely, and hence the personal action of the common law. Bract. fol. 102 a. 169 b. See Personal action. Actio personalis moritur cum persona. A personal [right of] action dies with the person. Noy's Max. c. 1, max. 14. This maxim is not now understood in the general sense which the terms of it appear to convey, having long been restricted in its application to that description of personal actions which are founded in tort, and are in form ex delicto. Broom's Max. 404. And even in regard to these, its application has been still further narrowed, from time to time, by legislative provisions giving rights of action to, and against the representatives of deceased persons, for injuries done to, or in respect of property. So that the principle embodied in the maxim is now strictly true only in cases where a tort is committed against the person, as by assault, battery, libel, slander and the like. Id. ibid. 404—407. 3 Bl. Com. 302. Shep. Touch. 481. Stat. 4 Edw. III. c. 7. Stat. 3 & 4 Will. IV. c. 42. 2 N. Y. Rev. St. [114] 51, §§ 4--6. Id. [447] 365, § 1, 2. That it was originally applied to contracts, appears from Bracton. Item tollitur [obligatio] morte alterius contrahentium, vel utriusque; the obligation is also destroyed by the death of one or both of the contracting parties. Bract. fol. 101 a. And see Noy's Max. ub. sup. ACTIO POENAE PERSECUTORIA.

In the civil law. An action prosecuted for a penalty only, and not for a specific thing. Inst. 4. 6. 16, 18.