Law Dictionary

An action against the thing. See "Actio" (2).

In the civil law. An action for the single value of a thing. Inst. 4. 6. 21. 22; Bracton, fol. 103a.

See Institoria Actio. ACTIO LEGIS AQUILIAE. In the civil law. An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the

In the civil law. An action for the triple value of a thing. Inst. 4. 6. 21. 24; Bracton, fol. 103a.

In civil law. An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were s

Lat. In mediaeval law. An office. Acdo comitatus; the office of count. Marculf. Form. lib. 1. Spelman. ACTIO NON ACCREVIT INFRA

In the Roman law. A legal or lawful action; an action of or at law. Dig. 1. 2. 2. 6, One of the sources of the unwritten law of Rome. Butler, Hor. Jur. 47. So called, according to

An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belo

In the civil law. An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in an

In the civil law. An action under the Aquilian law; an action to recover datnages for malielousiy or injuriously killing or wounding the slave or beast of another, or injuring in a

In the civil law. An acthe contract were not complied with by the latter. Inst. 3. 25. pr.; Dig. 19. 2; Heinec. Elem. Jur. Civ. lib. 3, tit. 25, § 928. gee "Actio ex Locato."

In civil law. An action founded upon a mandate. ACTIO MIXTA (or MISTA). See "Actio" (3). An action in which each party is actor, or plaintiff; such as the actions finium regundorum

An action against both a person and his property.

an action either at law or in equity.

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

PLEA TO. A plea grounded npon some fact or facts which have arisen since the commencement of the suit, and which the defendant puts forward for the

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

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 st

See Actionable.

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.

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.

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 pr

Actionable without proof of special damage.

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 o

There is actionable wrong whenever the restraint of trade or monopolistic practice has an impact on the market; and it matters not that the complainant may be only one merchant

The nature of a suit as one against the state is to be determined by the essential nature and effect of the proceeding. ... [W]hen the action is in essence one for the recovery of

The term “Puget Sound Action Agenda” or“Action Agenda” means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with

L. Lat (From actio, an action.) In old records. To bring an action; to prosecute or sun. Thorn's Chron.; Whis-haw.

Accionarius. L. Lat. [from actio, an office.] An officer. Spelman.

A commercial term used in Europe to denote a proprietor of shares or actions in a joint-stock company.

By the common law, in the case of a pound breach, by the owner of the goods, the distrainor may have his action de parco fracto, or may take the goods destrained wherever he finds

(or NEGATIVA). In the civil law. A negatory or negative action; an action founded on the denial (negatio) of another's right; as where a right of way or other servitude in a partic

Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transacti9n of business for another. —Actio noxalis.' A noxal acti

In the civil law. An action upon, or on account of, business done. An action given in cases where a person transacted the business of another during his absence (cum quia negotia a

Actions. Plural of actio (q. v.), and is used in combination in the same manner. ACTIONUM GENERA MAXIME SUNT servanda. The kinds of actions are especially to be preserved. Loilt, 4

In the Roman law. Legal or lawful action; actions of or at law, (legttimœ actiones.) Dig. 1, 2, 2, 6.

In the English chancery. Writs for which there were precedents. The statute of Westminster, 2, c. 24, gave chancery authority to form new writs in consimili casu; hence the action

In order to maintain an action for fraud it is sufficient to show that the defendant was guilty of deceit, with a design to deprive the plaintiff of some profit or advantage, and t

The sole function of an action for injunction is to forestall future violations. It is so unrelated to punishment or reparations for those past that its pendency or decision does n

This is an equitable action; the defendant under the general issue may go into all the equity of the case; and unless it appears, that he cannot in conscience and equity retain the

If money is paid into the hands of a trustee for a specific purpose, it cannot be recovered in an action for money had and received, until that specific purpose is shown to be at a

An action by a creditor to obtain a sequestration of the renis of land and the goods of his debtor for the satisfaction of the debt, or to enforce a distress.

Privity of contract is doubtless essential in all cases. But when the defendant has entered and occupied by permission of the plaintiff, without any express contract, the law impli

An action is one’s right to seek that which is due him.

Where the judgment sought is strictly in personam, for the recovery of money or for an injunction compelling or restraining action by the defendant, both a state court and a federa

See "Actio in Rem."

if the two suits are in rem or quasi in rem, requiring that the court or its officer have possession or control of the property which is the subject of the suit in order to proceed

In Scotch law. An action for multures or tolls against those who are thirled to a mill, i. e., bound to grind their corn at a certain mill, and fail to do so. Bell, Diet.

In Scotch law. An action competent to a husband or wife, to compel either party to adhere in case of desertion. It is analogous to the English suit for restitution of conjugal righ

A real action for the recovery of land of which the plaintiff’s ancestor had been disseised.

A phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ sued upon, although it may be that he is entitled to another wr

A form of action resorted to in the states of Connecticut and Vermont for the recovery of claims, such as usually evidenced by a book account. 1 Day (Conn.) 105; 4 Day (Conn.) 105;

In an action of debt on bond, the demand is for the penalty. The condition of the bond is no part of the obligation.

The action of ejectment is a possessory action, invented by the courts to try possessory titles, unembarrassed by the difficulties attendant upon real actions. The declaration is a

In case the seller desires to rescind the contract by reason of the breach of such a warranty, he may do so by an action of redhibition. But he may also retain the thing sold, and

In Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Bell.

An action with a name as distinguished from an action on the case.

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, actio non haber

The action has not accrued within six years.

An action is not given to one who is not injured. Jenk. Cent. Cas. 69.

NISI MENS sit rea. An action does not make one guilty unless the intention be bad. Lofft, 37. ACTIO NON ULTERIUS (Lat.) In English pleading. A name given to the distinctive clause

An action does not make one guilty, unless the intention be bad. Lofft 37.

To enable the plaintiffs to sustain an action on the case like the present, it must be shown that the defendants have done some wrong, that is, have violated some right of theirs,

The plaintiff should not be allowed further to pursue his action.

"action outside of jurisdiction" means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provis

In the civil law. A noxal action; an action which lay against a master for a crime committed or injury done by his slave, and in which the master had the alternative either to pay

See Actio prcefudicic Uis.

See "Redhibitory Action."

See "Rescissory Actions."

ORDINARY, in the Scotch law; by this term is understood all actions not rescissory. Ersk. Pr. L. Scot. 4, 1, 5.

Generally speaking, indeed, actions of slander, founded on triffling causes, to gratify a petulant and quarrelsome disposition, will not be encouraged by the Court: But, when the r

In Scotch law. All actions which are not rescissory.

In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in o

In this paragraph, the term "actions to boycott, divest from, or sanction Israel" means actions by states, non-member states of the United Nations, international organiza

The term “Action Strategy” means the comprehensive research plan and action strategy established under section 4003 of this title .

The term “action team” means a rural natural resources and economic diversification action team established by the Secretary pursuant to section 6613(b) of this title.

The kinds of actions should be particularly preserved.

In the civil law. A penal action; an action brought to enforce the payment of a private penalty. 1 Mackeld. Civ. Law, 193, § 196. ACTIO PRAEJUDICIALIS. In the civil law. A prelimin

In the civil law. A perpetual or unlimited action; one not limited to any particular period within which it should be brought. Inst. 4. 12. pr. The opposite of the actio temporalis

A personal action. The proper term in the civil law is actio in personam, ACTIO PERSONALIS MORITUR CUM persona (Lat.) A personal action dies with the person. In Practice. A maxim w

Nothing is better settled than that, at common law, the right of action for an injury to the person is extinguished by the death of the party injured. The rule, 'Actio personalis m

An action for a thing pledged after payment of the debt. Hunter, Rom. L. 448. ACTIO PR/ESCRIPTIS VERBIS. A form of action which derived its force from continued usage or the respon

In the civil law. An action of pledge; an action founded on the contract of pledge {pignus). Dig. 13. 7; Code, 4. 24.

An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.

A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong.

In the civil law. An action prosecuted for a penalty only, and not for a specific thing. Inst. 4. 6. 16. 18.

In the civil law. A penal action; an action brought to enforce ACTIO POENALIS IN HAEREDEM NON datur, nisl forte ex damno locupletlor haeres factus sit. A penal action Is not given

In the civil law. A preliminary or preparatory action; an action brought for the determination of some point or question arising in another or principal action, and so called from

In civil law. A form of action which derived its force from continued usage or the responsa pmdentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212. The distinction

In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more ancient actio civilis. Inst. 4. 6. 3; 1 Mackeld. Civ. Law, p. 189, § 194.

In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more ancient actio civilis, (q.v.) Inst. 4. 6. 3. 1 Mackeld. Civ. Law. 189, § 194.

Ad action brought for the recovery of a several thing {res propria), as distinguished from a thing held in common. Bracton, fol. 103a.

In the civil law. An action for a copartner; an action which one copartner (socius) might have against another. Dig. 17. 2; Code, 4. 37.

In the civil law. An action which lay for one who had lost a thing of which he had bona fide obtained possession before he had gained a property (dominium) in it, in order to have

An action which lay for one who had lost a thing of which he had bona fide obtained possession. before he had gnined a property in it, in older to have it restored, under color tha

Every action proceeds in its own course. Jenk. Cent. Cas. 77.

In the civil law. An action given to a purchaser who had paid more for a thing than it was in- (quanti minoris), or fell short in value, by reason of the defect. Poth. Cont. pt. 2,

An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 26.

In the civil law. An action given against a master, founded on some business done by his slave, acting under his order (jussu). Inst. 4. 7. 1; Dig. 15. 4; Code, 4. 26.

An action granted to one who had been compelled by unlawful force, or fear (metUs causa) that was not groundless, (metus probabilis or justus,) to deliver, sell, or promise a thing