Actio Vulgaris

In civil law. A legal action; a common action. ACTION (Lat. agere, to do; to lead; to conduct). A doing of something; something done. The term is, in legal usage, confined to practice, having no technical meaning, in the substantive law, except in the French law, in which it denotes shares in a company, or stock in a corporation. It signifies the formal demand of one's right from another person or party made and insisted on in a court of justice. In Justinian's Institute, "action" was defined as the right of pursuing in a court of justice what was due one's self. Inst. 4. In the Digest, however, it was defined as the right of pursuing, the pursuit itself, or exercise of this right, or the form of proceedings by which it was exercised. Dig. 50. 16. 16; Id. 1. 2. 10. This definition is adopted by Mr. Taylor (Tayl. Civ. Law, p. 50). In modem usage, the signification of the right of pursuing has been generally dropped, though it is recognized by Bracton (98b), Coke (2d Inst. 40), and Blackstone (3 Comm. 116), while the two latter senses, of the exercise of the right, and the means or method of its exercise, are in general use. The vital idea of an action is a proceeding • on the part of one person as actor against another, for the infringement of some right of the first, before a court of justice, in the manner prescribed by the court or the law. Subordinate to this is now connected in a quite common use the idea of the answer of the defendant or person proceeded against; the adducing evidence by each party to sustain his position; the adjudication of the court upon the right of the plaintiff; and the means taken to enforce the right, or recompense the wrong done, in case the right is established and shown to have been injuriously affected. 3 How. Pr. (N. Y.) 318. All proceedings in the court up to the final termination of the litigation, whether instituted by a party, by a third person, or by the court of its own motion, are part of the action, if incidental; the principal remedy constituting the action, and founded on its existence. Even when regulated by special statute, such proceedings are considered proceedings in the action, and not special proceedings, except where the statutes otherwise declare, or the papers are so entitled as to forbid their being so treated. at law, and "suit" to proceedings in equity. 9 Barb. (N. Y.) 300. See "Suit." Actions are to be distinguished from those proceedings, such as writ of error, scire facias, mandamus, and the like, where, under the form of proceedings, the court, and not the plaintiff, appears to be the actor. 6 Bin. (Pa.) 9. Actions are classified as (1) in the civil law, or (2) in the common law. (1a) Civil Actions In the Civil Law. Those personal actions which are instituted to compel payments, or do some other thing purely civil. Poth. Introd. Gen. aux Coutumes, 110. (lb) Criminal Actions In tiie Civil Law. Those personal actions In which the plaintiff asks reparation for the commission, of some tort or injury which he or those who belong to him have sustained. (1c) Mixed Actions in the Civil Law. Those which partake of the nature of both real and personal actions; as actions of partition;, actions to recover property and damages. Inst. 4. 6. 18-20; Domat. Supp. Civ. Law, liv. 4, tit. 1, note 4. — — (Id) Mixed Personal Actions in the Civil Law. Those which partake of both a civil and a criminal character. (1e) Personal Actions in the Civil Law. Those in which one person {actor) sues another as defendant (reus) in respect of some obligation which he is under to the actor, either ex contractu or ex delicto, to perform some act or make some compensation. (If) Real Actions in the Civil Law. Those by which a person seeks to recover his property, which is in the possession of another. (2a) Civil Actions in the Common Law. Those actions which have for their object the recovery of private or civil rights, or of compensation for their infraction. (2b) Criminal Actions in the Common Law. Those actions prosecuted In a court of justice, in the name of the government, against one or more individuals accused of a crime. See 1 Chit. Crim. Law. (2c) Local Actions in the Common Law. Those civil actions the cause of which could have arisen in some particular place or county only. See "Local Action." (2d) Mixed Actions in the Common Law. Those which partake of the nature of both real and personal actions. See "Mixed Action." (2e) Personal Actions in the Common Law. Those civil actions which are brought for the recovery of personal property, for the enforcement of some contract, or to recover damages for the commission of an injury to the person or property. See "Personal Action." (2f) Real Actions in the Common Law. Those brought for the specific re- ~— (2g) Transitory Actions In the Common Law. Those civil actions the cause of which might have arisen in one place or county as vrell as another. ACTION FOR POINDING OF THE ground. See "Poinding."

A legal action; a common action. Sometimes used for actio directa. 1 Mackeldey, Civ. L. 189. ACTION (Lat. agere, to do). A doing of something; something done. The formal demand of one's right from another person, made and insisted on in a court of justice.

In a quite common sense, action includes all the formal proceedings in a court of justice attendant upon the demand of a right made by one person of another in such court, including an adjudication upon the right and its enforcement or denial by the court. In the Institutes of Justinian an action is defined as jus persequendi in judicio quod sibi debetur (the right of pursuing in a judicial tribunal what is due one's self); Inst. 4. 6. In the Digest, however, where the signification of the word is expressly treated of, it is said, Actio generaliter sumitur: vel pro ipso jure quod quis habet persequendi in judicio quod suum est sibive debetur; vel pro hac ipsa persecutione seu juris exercitio (Action in general is taken either as that right which each one has of pursuing in a judicial tribunal his own or what is due him; or as the pursuit itself or exercise of the right); Dig. 50. 16. 16. Action was also said continere formam agendi (to include the form of proceeding); Dig. 1. 2. 10. This definition of action has been adopted by Taylor (Civ. Law, p. 50). These forms were prescribed by the praetors originally, and were to be very strictly followed. The actions to which they applied were said to be stricti juris, and the slightest variation from the form prescribed was fatal. They were first reduced to a system by Appius Claudius, and were surreptitiously published by his clerk, Cneius Flavius. The publication was so pleasing to the people that Flavius was made a tribune of the people, a senator, and a curule edile (a somewhat more magnificent return than is apt to await the labors of the editor of a modern book of forms); Dig. 1. 2*5. These forms were very minute, and included the form for pronouncing the decision. See Actio. In modern law The signification of the right of pursuing, etc., has been generally dropped, though it is recognized by Bracton, 98 b; Coke, Td Inst. 40; 3 Bla. Com. 116; while the two latter senses of the exercise of the right and the means or method of its exercise are still found. court of justice, In the manner prescribed by the court or the law. Subordinate to this is now connected in a quite common use, the idea of the answer of the defendant or person proceeded against; the adducing evidence by each party to sustain his position; the adjudication of the court upon the right of the plaintiff; and the means taken to enforce the right or recompense the wrong done, in case the right is established and shown to have been injuriously affected. Actions are to be distinguished from those proceedings, such as writ of error, scire facias, mandamus, and the like, where, under the form of proceedings, the court, and not the plaintiff, appears to be the actor; Com. v. Commissioners of Lancaster County, 6 Blnn. (Pa.) 9. And the term is not regularly applied, it would seem, to proceedings in a court of equity; Allen v. Partlow, 3 S. C. 417; Ulshafer v. Stewart, 71 Pa. 170. In the Civil Law. Civil Actions.

A legal action ; a common action. Sometimes used for actio dvrecta. Mackeld. Rom. Law, § 207.

Defined under Actio in Black's Law Dictionary.

In the civil law. A legal action; a common action, Sometimes used for actio directa. Mackeld. Rom. Law, § 207.

In the civil law. A common action; another name for the actio directa. 1 Maeheld. Civ. Law, 189, § 194. Bract, fol. 103 a.