Personal Action

In the Civil Law. An action in which one person (the actor) sues another (the reus) in respect of some obligation which he is under to the actor either ex contractu or ex delicto. It will be seen that this includes all actions against a person, without reference to the nature of the property involved. In a limited sense of the word "action" in the civil law, it includes only personal actions, all others being called "petitions." See "Real Action." At Common Law. An action brought for the recovery of personal property, for the enforcement of some contract or to recover damages for its breach, or for the recovery of damages for the commission of an injury to the person or property. Such arise either upon contracts, as account, assumpsit, covenant, debt, and detinue (q. v.), or for wrongs, injuries, or torts, as trespass, trespass on the case, replevin, trover (q. v.) Other divisions of personal actions are made in the various states; and in Vermont and Connecticut an action is in use called the "action of book debt." 71 Me. 287. See "Action."

In Civil Law. An action in which one under to the actor either ex contractu or ex delicto. It will be seen that this includes all actions against a person, without reference to the nature of the property involved. In a limited sense of the word action in the civil law, it includes only personal action, all others being called petitions. See Real Action. In Common Law. An action brought for the recovery of personal property, for the enforcement of some contract or to recover J damages for its breach, or for the recovery of damages for the commission of an injury to the person or property. Such arise either upon contracts as, account, assumpsit, covenant, debt, and detinue (see these words), or for wrongs, injuries, or torts, as trespass, trespass on the case, replevin, trover (see these words). Other divisions of personal actions are made in the various states; in Yermont and Connecticut an action is in use called an action of book debt See Personal Property.

In the civil law. An action in personam. A personal action seeks to enforce an obligation imposed on the defendant by his contract or delict; that is, it is the contention that he is bound to transfer some dominion or to perform some service or to repair some loss. Gaius, bk. 4, § 2.

In common law. An action brought for the recovery of some debt or for damages for some personal injury, in contradistinction to the old real actions, which related to real property only. See 3 Bl. Comm. 117. Boyd v. Cronan, 71 Me. 286; Doe v. Waterloo Min. Co. (C. Ct) 43 Fed. 219; Osborn v. Fall River, 140 Mass. 508, 5 N. E. 483. An action which can be brought only by the person himself who is injured, and not by his representatives.
Defined under Action in Black's Law Dictionary.