remedy

a procedure that provides redress for wrong or enforcement of a right, and "available" means having sufficient power to achieve an end sought.

The means employed to' enforce a right or redress an injury. "The hepcig put in possession of that right whereof the party injured is deprived." 6 Wheat. (U. S.) 407. The procedure whereby redress is secured, as distinguished from the right to be enforced. 103 U. S. 717. It includes every original application to a. court of justice for a judgment or an order. Thus, the application for admission to practice as an attorney or counsellor is a remedy. 22 N. Y. 67, 87. In Old English Law. A remainder. Co. Litt. 49a; 2 Coke, 51a. (1) Equitable remedies are those obtainable only in a court of equity. (2) Legal remedies in the technical sense of the term, are those which may be awarded in a court of law; in a broader sense, any remedy allowed by the law of the land. (3) Cumulative or concurrent remedies are such as are provided in addition to other existing remedies, and whose ecistence does not preclude a resort to the old remedy. A resort to one of the two remedies, however, precludes a subsequent resort to the other. See "Election." (4) Specific or exclusive remedies are such as repeal all pre-existing remedies for the same wrong.

The means employed to enforce a right or redress an injury. sumpsit; Covenant; Debt; Detinue; or in equity, in some cases, by bill for specific performance. Remedies for the redress of injuries are either public, by indictment, when the injury to the individual or to his property affects the public, or private, when the tort is only injurious to the individual. See Indictment; Felony; Merger; Torts; Civil Remedy. Remedies are preventive which seek compensation, or which have for their object punishment. The preventive, or removing, or abating remedies may be by acts of the party aggrieved or by the intervention of legal proceedings: as in the case of injuries to the person or to personal or real property, defense, resistance, recaption, abatement of nuisance, and surety of the peace, or injunction in equity, and perhaps some others. Remedies for compensation may be either by the acts of the party aggrieved, or summarily before justices, or by arbitration, or action, or suit at law or in equity. Remedies which have for their object punishments or compensation and punishments are either summary proceedings before magistrates, or indictment, etc. Remedies are specific or cumulative: the former are those which can alone be applied to restore a right or punish a crime: for example, where a statute makes unlawful what was lawful before, and gives a particular remedy, that is specific, and must be pursued, and no other; Cro. Jac. 644; 2 Burr. 803. But when an offence was antecedently punishable by a common-law proceeding, as by indictment, and a statute prescribes a particular remedy, there such particular remedy is cumulative, and proceedings may be had at common law or under the statute; 1 Saund. 134, n. 4. In a very large number of cases there are concurrent remedies the resort to one of which does not bar the other. This is particularly true where there is a legal and an equitable remedy with respect to the same subject-matter. For example, a bill in equity against the holder of a note to recover possession of it, and against makers for the balance due on it, may be maintained, pending an action at law against the holders and makers to recover from the latter the balance due; and where the action at law failed on the ground that the plaintiffs were not in possession, the judgment did not bar the proceeding in equity; New England Trust Co. v. Packing Co., 166 Mass. 46, 43 N. E. 928. The maxim ubi jus ibi remedium has been considered so valuable that it gave occasion to the first invention of that form of action called an action on the case; 1 Sm. Lead. Cas. 472. The novelty of the particular complaint alleged in an action on the case is no i objection, provided there appears to have There is an important distinction to be considered in connection with the construction and effect of statutes, between those which create rights, and those which afford remedies. This distinction has an important effect upon the legislative power, with respect to many subjects constantly involved in the question whether an act is obnoxious to the provision of the federal constitution against impairing the obligation of contracts, under which title the subject is discussed and to which reference should be made. The distinction is also important in many questions merely of state legislation. “The remedies which one legislature may have prescribed for the redress of private wrongs, a subsequent legislature can change or modify at pleasure, and make the new remedy applicable to pending controversies, provided a substantial or adequate remedy is left, and provided, further, that the legislature is not prohibited from making the new remedy applicable to pending suits by some provision of the organic law.... It is true that the courts have, on some occasions, refused to apply statutes which dealt with the remedy for the redress of private grievances to existing controversies, and have held them solely applicable to actions thereafter brought. But it will be found, we think, on an examination of most of this class of cases, that the refusal to apply to existing suits statutes which were plainly applicable thereto, and which merely changed or modified the course of procedure, was based either on the ground that, if so applied, they would operate unfairly, and cause loss or inconvenience to the parties, or on the ground that the right involved had become so far established by acts done and performed in reliance on the prior law, and its continuance in force, that it would savor of injustice to take away such right by making the new law applicable to the pending controversy;** Campbell v. Min. Co., 83 Fed. 643, 27 C. C. A. 646, where it was held that a statutory right to two trials in ejectment may be taken away by the legislature as to pending suits. See Retrospective; Ex Post Facto Law; Election of Remedies.

Remedy is the means by which the violation of a right is prevented, redressed or compensated. Remedies are of four kinds:
(1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure;
(2) by operation of law, as in the case of retainer and remitter;
(3) by agreement between the parties, e. p., by accord and satisfaction and arbitration; and
(4) by judicial remedy, e. g., action or suit Sweet See Knapp v. McCaffrey, 177 U. S. 638, 20 Sup. Ct 824, 44 L. Ed. 921; Missionary Soc. v. Ely, 56 Ohio St 405, 47 N. E. 537; U. S. v. Lyman. 26 Fed. Can. 1,024; Frost v. Witter, 132 Cal. 421, 64 Pac. 705, 84 Am. St. Rep. 53. Also a certain allowance to the master of the mint, for deviation from the standard weight and fineness of coins. Enc. Lond.

— Adequate remedy. See Adequate.

— Civil remedy. The remedy afforded by law to a private person in the civil courts in so far as his private and individual rights have been injured by a delict or crime; as distinguished from the remedy by criminal prosecution for the injury to the rights of the public.

— Cumulative remedy. See Cumulative.

— Extraordinary remedy. See Extraordinary.

— Legal remedy. A remedy available, under the particuiar circumstances of the case, in a court of law, as distinguished from a remedy available only in equity. See Slate v. Sneed, 105 Tenn. 711, 58 S. W. 1070.

— Remedy over. A person who is primarily liable or responsible, but who, in turn, can demand indemnification from another, who is responsible to him, is said to have a "remedy over." For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a "remedy over" against the person whose act or negligence caused the defect, and such person is said to be "liable over" to the city. 2 Black, Judgm. § 575.

The judicial enforcement of a right or redress of a wrong; the mode or means by which such relief is obtained, v. Legal remedy. Remembrancers.

In English law. Officers of the exchequer, whose principal duty is to put the judges of that coux't in remembrance of such things as are to be called on, for the king's benefit

A mode prescribed by law to enforce a duty or redress a wrong; not, an obligation to guarantee a right or to indemnify against a wrong.'' The remedy for every species of wrong is " the being put in possession of that right whereof the party mjured is deprived. The instruments whereby this remedy is obtained are a- diversity of suits and actions." ' I Eobison v. Female Orphan Asylum, 183 U. S. 706-9 (1887). cases, Matthews, J.; 86 Cent. Law J. 552-54 'Medley v. Medley, 81 Va. 270 (1886); Jackson v. Noble, 2 Keen, *596 Ue38); Barnitz's Lessee v. Casey, 7 Cranch, 464 (1813). See generally, as to remainderman and life tenant, 33 Alb. Law J. 404, 424, 444 (1886), cases; 34 id. 144 (1886), cases. s SeeSBl. Com. 21. < Kem'-a-net. L. remanet, it remains, is left. s Broom, Max. 192; 7 Gray, 197; 1 Sm. L. C. 478. » [United States v. Lyman, 1 Mas. 500 (1818), Story, J.; State v. Poulterer, 16 Cal. 628 (1860). " A judicial means of enforcing a right or redressing a wrong." i In saying that, while a contract right may not be impaired, the remedy may be modified without impairing the obligation of the contract, the word " remedy" pertains to the modes of procedure and pleading which lead up to and end in the judgment.' See Impair. Remedial. Affording a remedy; supplying defects in the common or statutory law: as, remedial statutes, legislation. ^ The remedial part of the law is that whereby a method is pointed out to recover private rights, or redress private wrongs. See further Statute. Adequate remedy. May mean complete satisfaction of such judgment as may be recovered without restriction.* See Adequate, 2. Civil remedy. Redress afforded by a civil court for a private injury. Cumulative remedy. A remedy, created by statute, additional to the other remedy or remedies already existing. Where a statute creates a new right or liability and at the s,ame time gives a remedy, such remedy is exclusive; but when the right or remedy was not created by the statute, but would have existed without the statute, the statutory remedy is cumulative.' Whenever a statute gives a new right without creating a special remedy tor its enforcement, it may be enforced by any appropriate common-law action. So where a right is to be enforced by a common-law action, ifis immaterial whether th^e right has been conferred by statute or common law." Equitable remedy. Eedress afforded by a court exercising equity powers. Legal remedy. Eedress afforded by a court exercising purely common-law powers. Extraordinary remedy. Eelief furnished by a court of chancery exercising its extraordinary jurisdiction. Judicial or legal remedy. "Judicial remedy,'' in its largest sense, comprehends more than a direct proceeding against a party to a contract to compel him to perform its stipulations. It comprises, also, judicial > Stratton v. European, &c. R Co., 74 Me. 488 (1883), Danf orth, J. » Johnson v. Fletcher, 54 Miss. 631 (1877), Chalmers, J. ' [1 Bl. Com. 86. i [United States v. New Orleans, 17 F R. 491 (1883), Billings, J. 5 Godding v. Pierce, 13 R. I. 534 (1882); 11 id. 586; 9 id. 544; 8 Cush. 93; 16 Gray, 821; 1 Chitty, PI. 113. ' Union E. & Transit Co. v. Shacklett, 119 111. 839 protection against invasion by others of the rights vested by the contract. Any means in the hands of the party aggrieved, or of any other person, though not a court, for enforcing performance of a contract, — anj' mode agreed upon, if permitted by the law, is a " legal remedy." i Remedy over. A remedy against another as a third person. Thus, when an indorser has a " remedy over " he must be given notice of non-payment.^ See Electiojt, 3; Redress; Relief, 2; Suit, 3.