Action
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
The legal demand of one's right. Ancestral action: one brought to recover land, relying on the seisin or possession of an ancestor. Civil action: one to enforce a private right. Droitural action: an action brought upon the right, to determine the title, as distinguished from possessory actions. Fictitious or feigned action: one brought to settle a point of law, there being no real controversy. Formed action: one for which a set form of words is prescribed, Actio nominata. Local action: one which must be brought in a particular place, not transitory. Mixed action: one in which both damages are sought, and the recovery of real property. Penal action: one brought to enforce or recover a penalty. Personal action: brought to recover money, damages, or other personal property. Petitory action: one determining the title, droitural. Popular action: one which may be brought by any person for breach of a penal statute. Possessory action: one brought to recover possession, without necessarily determining the right. Real action: one brought to recover real property, obsolete except in a few