Law Dictionary

An action to restrain the defendant from prosecuting a groundless proceeding or trumped-up charge agninst the plaintiff. Hunter, Rom. Law, 859.

In the civil law. An action to restrain the defendant from prosecuting a groundless proceeding or trumped-up charge against the plaintiff. Hunter, Rom. Law, 859.

In the civil law. An action to restrain the defendant from prosecufing a groundless proceeding or trumpedup charge against the plaintiff. Tunter, Rom. Law, 859.

A civil as distinguished from a criminal action. ACTIO C0MM0DATI CONTRARIA. An action by the borrower against the lender, to compel the execution of the contract Pothier, Pret d Us

In the common law. A civil action, as distinguished from a criminal action. Bracton divides personal actions into civilia and criminalia, according as they grow out of crimes or co

In civil law. An action by a lender against a borrower, the principal object of which is to obtain a restitution of the thing lent. Poth. Pret. a Usage, notes 65, 68.

Included several actions appropriate to enforce the obligations of a borrower or a lender. Id. 305.

In civil law. An action by the borrower against the lender, to compel the execution of the contract. Poth. Pret. a Usage, note 75.

An action by a lender against a borrower, the principal obj'ect of which is to obtain a restitution of the thing lent. Poth. Pret & Usage, nn. 65, 68.

In civil law. An action for a division of the property held in common. Story, Partn. (Bennett Ed.) § 352.

A common action. A term applied by Br acton to an action where the thing demanded was common, and not several. Bracton, fol. 103.

In civil law. An action by which the plaintiff recovers the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, note 140.

In the civil law. An affirmative action; an action founded upon the affirmative allegation of some right in the plaintiff in another's land, as a right of way, etc., and not upon t

In the civil law. A contrary or cross action, as distinguished from actio directa. Heinec. Elem. Jur. Civ. lib. 3, tit. 15, §§ 805, 816, 826; Bracton, fol. 103.

In the common law. A criminal action. Bracton, fol. 102b.

The name of a general class of actions for damages.

In the civil law. An action of fraud; an action which lay for a defrauded person against the defrauder and his heirs, who had been enfraudulently deprived, with all its accessions

In the civil law. An action concerning a thing converted to the profit of another; an action granted to one who had contract with a son or slave, in order to recover whatever the f

An action concerning or against the peculium, or separate property of a party.

An action for money engaged to be paid ; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst. 4, 6

In the civil law. An action concerning or against the peculium, patrimony, or separate estate. Inst, action to which fathers and masters were liable on the contracts of their child

In the civil law. An action for money engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipul

In civil law. An action which the depositary has against the depositor, to compel him to fulfill his engagement toward him. Poth. du Depot, note 69.

In civil law. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. du Depot, note 60.

A direct action ; an action founded on strict law, and conducted according to fixed forms; an action founded on certnin legal obligations which from their origin were accurately de

An action to compel a seller to perform his obligations or pay compensaiit.ii: also to enforce any special agreements by him embodied in a contract of sale. Hunter, Rom. L. 505.

An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.

In civil law. An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired. Poth. du,Contr. de Louage, note 59.

See "Action."

See "Action."

An action founded upon a tort.

In the civil law. An action of purchase, or upon purchase; an action which a buyer is entitled to maintain against a seller, in order to cause him to deliver possession of the thin

In the civil law. An action against the exercitor or employer of a vessel. See "Exercitoria Actio."

In the civil law. An action upon letting; an action which the person (locator) who let a thing for hire to another might have against the hirer (conductor). Dig. 19. 2; Code, 4. 65

An action, brought to enforce a stipulation.

In the civil law. An action to enforce a stipulation.

In the civil law. An action upon sale; an action which a seller is entitled to maintain against a buyer to recover the price of a thing sold and delivered. Inst. 4. 6. 28; Heinec.

In civil law. An action for the division of an inheritance. Inst. 4. 6. 20; Bracton, 100b.

In the civil law. An action for the determination of boundaries between adjoining lands. Inst. 4. 17. 6; Id. 4. 6. 20. Enumerated by Bracton and Fleta among mixed actions. Bracton,

In the civil law. An action of theft; an action founded upon theft. Inst. 4. 1. 13-17; Bracton, fol. 444. This could only be brought for the penalty attached to the offense (tantum

An honorary or praetorian action. Dig. 44, 7, 25, 35.

An indirect action. A species of action mentioned by Bracton, probably the reverse of the actio directa. Bracton, fol. 103a.

In the civil law. An action for the double value of a thing. Inst. 4. 6. 21, 23.

In civil law. An action adapted to the particular case which had an analogy to some actio in jus, which was founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The o

or DAMNI INJUria. In the civil law. An action for injuries done by beating, wounding, slanderous language, libel, and the like. Inst. 4. 4. pr. 1, 12; Bracton, fol. 103b.

In the civil law. An action against the person, founded on a personal liability; an action seeking redress for the violation of a jus in personam or right avallable against apartic

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

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.