Action

Conduct; behavior; something done; the condition of acting; an act or series of acta.

In practice. The legal and formal demand of one’s right from another person or party made and insisted on in a court of justice. An action is an ordinary proceeding in a court of justica by which one party proseelutes another for the enforcement or protection of a right, the redress or prevention of # wrong, or the punishment of a public offense. Code Civil Proc. Cal. § 22; Code N. Y. § 2; Code N. C. 1883, § 126. An action is merely the judicial means of enforcing aright. Code Ga, 1882, § 3151. Action is the form of a suit given by law for the recovery of that whicli is one’s due; the lawful dainand of one’s right. Co. Litt. 2840, 285. Classification of actions. Cévil actions are guch as lie in behalf of persons to enforce their rights or obtain redress of wrongs iu their relition to individuals. Criminal actions are such as are instituted by the sovereign power, for the purpose of punishing or preventing offenses against the public. Penal actions are such as are brought, gilher by the state or by an individual under permission of a statute, to enforce a penalty imposed by law for the commission of a prohibited act. Common law actions are such as will lie, on the particular facts, af common law, without the aid of a statute. Statutory actions are such as can only be based upon the particular statutes creating them. breach of a penal statute, and which any man that will may sus on account of the king and himself, as the statute allows and the case requires. Because the action is not given to one especially, but generally to any that will prosecute, itis called “action popuiar;” and, from the words used in the process, (qui tam pro domino rege sequitur quam pro se ipso, who sues as well for the king as for himself, ) it iscalled a qué tam action. ‘Tomlins. Real, personal, mixed. Actions are divided inte real, personal, and mixed; real actions being those brought for the specific recovery of lands or other realty; personal actions, (hose for the recovery of adebt, personal chattel, or damages; and mixed actions, those for the recovery of real property, together with damages for a wrong connected with it. Litt. § 494; 3 Bl. Comm. 117, Locai actions are those founded upon a cause of action which necessarily refera to, and could only arise in, some particular place, ¢. g., trespass to land. Transitory actions are those founded upon a cause of action not necessarily referring to or arising in any particular locality. Actions are called, in common-law practice, ex contractu, when they are founded on a contract; ex delieto, when they arise out of a wrong. “Action” and “Suit.” The terms “action” and “suit” are now nearly, if not entirely synonymous. (3 Bl. Comm. 3, 116, et passim.) Or, if there be a distinction, it is that the term “action” is generally confined to proceedings in a court of law, while “suit” is equally applied to prosecutions at law orin equity. Formerly, however, there was a more substantial distinction between them. An action was considered as terminating with the giving of judgment, and the execution formed no part of it. (Litt. § 504; Co. Litt. 289a.) A suit, on the other hand, pe included the execution. (Id. 291a,) So, an action is termed by Lord Coke, “the right of a suit.” (2 Inst. 40.) Burrill.

In French commercial law. Stock in a company, or shares in a corporation. ACTION FOR POINDING OF THE

The legal demand of one's right. Ancestral action: one brought to recover land, relying on the seisin or possession of an ancestor. Civil action: one to enforce a private right. Droitural action: an action brought upon the right, to determine the title, as distinguished from possessory actions. Fictitious or feigned action: one brought to settle a point of law, there being no real controversy. Formed action: one for which a set form of words is prescribed, Actio nominata. Local action: one which must be brought in a particular place, not transitory. Mixed action: one in which both damages are sought, and the recovery of real property. Penal action: one brought to enforce or recover a penalty. Personal action: brought to recover money, damages, or other personal property. Petitory action: one determining the title, droitural. Popular action: one which may be brought by any person for breach of a penal statute. Possessory action: one brought to recover possession, without necessarily determining the right. Real action: one brought to recover real property, obsolete except in a few