Circuity Of Action
Defined in 7 dictionaries — Cyclopedic (1922), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Burrill (1850), Bouvier (1839)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
Indirectly obtaining, by means of a subsequent action, a result which may be reached in an action already pending. This is particularly obnoxious to the law, as tending to multiply suits. 1 Term R. 441; 4 Cow. (N. Y.) 682.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Indirectly obtaining, by means of a subsequent action, a result which may be reached in an action already pending. This is particularly obnoxious to the law, as tending to multiply suits; Fellows v. Fellows, 4 Cow. (N. Y.) 682, 15 Am. Dec. 412.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
An indirect mode of suing ceeding which makes two or more suits have been secured by ona Called in the
A Dictionary of Law
Henry Campbell Black · 1891
This occurs where a litigant, by a complex, indirect, or roundabout course of legal proceeding, makes two or more actions necessary, in order to effect that adjustment of rights between all the parties concerned in the transaction which, by a more direct course, might have been accomplished in a single suit.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[L. Lat. circuitus actionis.] A longer course of proceeding to recover a thing sued for than is needful; called in some of the old books, circuit of action. Termes de la ley. Cowell. Wingate's Max. 680, max. 179. A circuitous or round-about course of legal procedure, instead of a direct and shorter one. As where a defendant, instead of availing himself of a counter claim against the plaintiff, [e. g. damages for breach of warranty] in the same action, allows him to recover the full amount sued for, and then commences a cross action to recover his own demand. Termes de la ley. 2 B. & Ad. 462. Circuitus est evitandus. Circuity is to be avoided. 5 Co. 31. Wingate's Max. ubi supra.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
practice, remedies, is where a party by bringing an action, gives an action to the defendant against him. As supposing the obligee of a bond covenanted that he would not sue on it, if he were to sue he would give an action against himself to the defendant for a breach of his covenant. The courts prevent such circuitous actions, for it is a maxim of law so to judge of contracts, as to prevent a multiplicity of actions, and in the case just put, they would hold that the covenant not to sue, operated as a release. 1 T. R. 441.