Actio Mixta
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
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.