Actionable

For which an action will lie 3 Bl. Comm. 23.

For which an action will lie. 3 Bla. Com. 23. ACTI0NARY. A commercial term used in Europe to denote a proprietor of shares or actions in a joint stock company. ACTI0NES N0MINAT/E (Lat named actions). In English Law. Those writs for which there were precedents in the English Chancery prior to the statute 13 Edw. I. (Westm. 2d) c. 34. Prior to this statute, the clerks would issue no writs except in such actions. Steph. PI. 8; Barnet v. Ihrie, 17 S. & R. (Pa.) 195. See Case; Action. ACTIONS (Fr.). Shares of corporate stock.

That for which an action wlll lie; furnishing legal ground for an action.

— Actionable frand. Deception practiced in order to induce another to part with property or surrender some legai right; a false representation made with an intention to deceive; may be committed by stating what la known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent to deceive. Marsh v. Falker, 40 N. Y. 575 ; Farrington v. Bullard, 40 Barb. (N. Y.) 512; Hecht v. Metzler, 14 Utah, 408, 48 Pac. 37, 60 Am. St Rep. 906; Sawyer v. Prickett, 19 Wall. 146, 22 L. Ed. 105.

— Actionable misrepresentation. A false statement respecting a fact material to the contract and which is influential in procuring it. Wise v. Fuller, 29 N. J. Eq. 257.

— Actionable negligence. The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. Roddy v. Missouri Pac. R. Co.. 104 Mo. 234, 15 S. W. 1112. 12 In R. A. 746, 24 Am. St. Ren. 333; Boardman v. Creighton, 95 Me. 154, 49 Atl. 663; Hale v. Grand Trunk R. Co, 60 Vt. 605, 15 Atl. 300, 1 L. R. A. 187; Fidelity & Casualty Co. v. Cutts, 95 Me. 162, 49 Atl. 673.

— Actionable nuisance. Anything injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. Code Civ. Proc. Cal. § 731; Grandona v. Lovdal, 78 Cal. 611, 21 Pac. 366, 12 Am. St. Ren. 121; Caoper v. Overton, 102 Tenn. 211, 52 S, W. 183, 45 L. R. A. 591, 73 Am. St. Rep. 864.

— Actionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute moral turpitude, or tend to injure a party in his trade or business, are said to be "actionable per se." Barnes v. Trundy. 31 Me. 321; Lemons v. Wells, 78 Kv. 117; May-rant v. Richardson, 1 Nott & McC. 347, 9 Am. Dec. 707; Cady v. Brooklyn Uhion Pub. Co.., 23 Misc. Rep. 409, 51 N. Y. Supp. 198.

That for which an action will lie; furnishing legal ground for an action; ¢. g., words are aclionable per se, in slander, when an action may be brought upon them without alleging special damage.

That which can legally be made the CTOund or subject of an action; that for which an action will lie.* Chiefly applied to slanderous words uttered or published of another. 3 Chitty's Bl. Com. 123, 125, and notes.