Page:Black's Law Dictionary (Second Edition).djvu/33

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ACTIC EX CONTRACTU 25 into criminalia et ciiriiiu, according as they grow out of crimes or contiacts. Bract. fol. 10117.

{{anchor+|.|ACTIO EX CONTRACTU. In the civil and common law An action of contract; an action arising out of, or founded on, contiact. inst. 4, B, 1; Bi-act. fol. 102; 3 Bl. Comm. 117.

AOTIO EX DHLICTO. In the civil and common law. An action of tort; an action arising out of fauit. misconduct, or malfeas- ance inst. 4, G. 15: 3 Bl. Comm. 117 Em malcflcio is the more common expression of the civil law; which is adopted by Bracton. inst. -1.. 6. 1: Brace fols. 102, 103.

{{anchor+|.|ACTIO IN PERSDNAM. In the civil law. An action against the person. founded on a personal liability: an action seeking redress for the Violation of a jaw in pcrsomim or right avaliable against a particular indi- viduul.

In admiralty law. An action directed against the Imrticuiar person who is to be charged with the liability. It is distinguished from an actio in rem, which is a suit di- iected against a specific tliiny (as a vessel) irrespective of the on nership of it, to enforce a claim or lieu upon it, or to obtain, out of the thing or out of the proceeds of its sale, satisfaction for an injury alleged by the claimant.

{{anchor+|.|ACT10 IN REM. in the civil and com- mon law. An i1L[iDl] for a thing; an action for the recoveiy of a thing possessed by an- other. inst. 4, 6. 1. An action for the en- forcement of a right (or for redress for its iniasion) which was originally avaiiahle against all the world, and not in any special sense against the individual sued, until he violated it. See IN REM.

{{anchor+|.|ACTIO NON. in pleading. The Latin name of that part of a special plea which follows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or maintain his aforesaid action," etc.

{{anchor+|.|ACTIO NON ACCREVIT INFRA SEX ANNOS. The name of the piea of the statule of limitations, when the defendant alleges that the plaintiff's action has not accined within six years.

Autio non dntur non damnifieato. An action is not given to one who is not injured. Jenk. Cent. 69.

Aotio non fneit rerun, nisi menu lit i-ea. An action does not make one guilty, unless the intention ire bad. Lolft 37.

{{anchor+|.|ACTIO NON ULTERIUS. In English pleading. A name gllel] to the distinctive clause in the plea to the further mainte-


mince of the action. introduced in place of the plea pm‘: darrein wntd/nuance; the averment being that the plaintiff ought not funthcr (uitcrius) to have or maintain his action. Steph. Pi. 64. 65. 401.

{{anchor+|.|ACTIO PERSONAL-IS. In the civil and common hw. A personal action. The ordi- nary term for this kind of action in the civil law is actio in peraanam, (q. 1)..) the word ilersonnlis being of only occasional occurrence. Inst. -1. 6, 8, in tit. ; Id. 4. 11. pr. 1. Biacton. however. uses it freely, and hence the personal action of the common law. Bract. fols. 102a, 15917. See PERSONAL Ao- TIDN.

Aetio per-snnalil uioritur cum persona. A personal right of action dies with the person. Noy, Max. 14.

Actio puannlis in liizredeni non datur, nisi forte ex damiio locripletior liieren factus sit. A penal action is not given against an heir, unless. indeed, such heir is heneflted by the wrong.

Actio quzelibet it run via. Every action proceeds in its own way. Jenk. Cent. 77.

{{anchor+|.|ACTION. Conduct; behavior; something done; the condition of acting; an act or series of acts.

In practice. The legal and formal de mand of one’s right from anotlier person or party made and insisted on in a court of justice. Valentine v. Boston. 20 Pick. (Mass.) 201; Hibeinla Nat. Bank v. Lacomhe, 84 N. Y. 376; Appeal of McBride, 72 Pa. 480; Wilt v. Sticimey, 30 Fed. Cas. 256; Vi. bite v. Rio Grande Western IL Co., 25 Utah, 346, 71 Pac. 59:5; Bridgton v. Bennett. 3 Me. -1.10; liarger v. Thomas, 44 Pa. 128. 84 Am. Dec. 42 Peeler v. Norris, 4 Yerg. ('.L‘enn.) 339.

An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Code Civ. Proc. Uai. § 22; Code N. Y. § 2; Code N. C. 1383, § 126: Rev. Code N. D. 1809. § 5156: Code Oiv. Proc. S. D. i903, § 12; Mis‘ onary Soc. v. Ely, 56 Ohio St. -105. 47 N. E T; In re Welch, 108 Wis. SS7. Si N. W. , Smith v. Westerfield, 88 Cal. 374, 26 Pac. 207; Losey v. Stanley. 83

420. 31 N. Y. Supp. 950; Lawrence v. Thomas. 84 Iowa. 362. M N. W. 11.

An action is merely the judicial means of enforcing a right. Code Ga. 1882. § 3151.

Action is the form of a suit given by law for the recovery of that which is one's due; the lawful demand of one's right. Co. Lltt. 2841). 285a.

An action is a legal proceeding by a party complainant against a party defendant to obtain the iullgziuent of the court in relation to some right claimed to be secured, or some