Page:Black's Law Dictionary (Second Edition).djvu/34

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AOTION 25 remedy claimed to be given by law, to the party complaining. Haley v. Eureka County Bank, 21 Nev. 127, 26 Pac. 64, 12 L. R. A. S15.

Classification of nctionl. Uim'l actions are such as lie in hehaif of persons to en- force their rights or obtain redress of wrongs in their relation to individuals.

Uri12l'imll actions are such as are instituted by the sovereign power, for the purpose of punishing or preventing otfenses against the public.

Penal actions are such as are brought, either by the state or by an individual under perniission of a statute, to enlorce a penalty imposed by law for the commission of a pro- hiiiited act.

Gommxon law actions are such as will lie, on the particular facts, at common law, without the aid of a statute.

(Statutory actions are such as can only be based upon the particular statutes creating them.

Popular actions. in English usage, are those actions which are given upon thc breach of a penal statute, and which any man that will may sue on account of the king and himself, as the statute allows and the case requires. Because the action is not given to one especially, but generally to any that will prosecute, it is called “action popular ;" and, from the welds used in the process, (qwi tam pro domino legs sequilur quam pro so lpso, \\ ho sues as well for the king as for himself.) it is called a gas‘ tam action. Tomlins.

Real, personal, Actions are divided into real, personal, and mixed. See INFBA.

Local action. An action is so termed when all the principal facts on which it is founded are of a local nature: as where possession of land is to be recovered, or damages for an actual trespass, or for waste afifectlng Lind. because in such case the cause of action relates to some particular locality, which usually also constitutes the venue of the ‘on. Miller v. Rickey (C. C.) 127 Fed. 517 : Crook v. Pitcher, C1 Md. 513; Belrne v. ltosser, 26 Grat. (Va.) 541; McLeod v. Rall- road Co., 53 Vt. 727. 6 Atl. 648; ACllPl‘S0ll v. Erie IL Co., 31 N. J. Law. 311: Texas 3; I’. R. Co. v. Gay. 86 Tex. 571, 26 S. W. 599. 25 L. R. A. 52.

Tf‘ll7’l5‘it0l'1/ actions are those founded upon a cause of action not necessarily referring to or arising in any particular locality.

Actions ale Called. i.u common-law practice, an contraciu when they are founded on a contract; cm dcliota when they arise out of

1 tort. Umlauf v. Umlnuf, 103 Ill. 651;

Nelson v. Great Northern R. Co., 23 Mont. ‘.297, 72 Pac. 642; Van Oss v. Synon, 85 Wis. (M11, 56 N. W. 190.

“Aci:ion" and “Suit." The terms "action" and “sult" are now nearly, if not entirely, synonymous. (3 Bl. Comm. 3, 116, et passim) Or, if there he a distinction, it is that the term “action" i generally confin-


ed to proceedings in a court of law, while “suit" is equally applied to prosecutions at law or in equity. White v. Washington School Dist., 45 Conn. 59; Dullard v. Phelan, 83 Iowa, 471, 50 N. W. 204; Lamson v. Hutchings, 118 Fed. 321, 55 C. C. A. 2-15; Page v. Brewster, 58 N. H. 126; Kenneixec Water Dist. v. Wateriille. 96 Me. 234. M Atl. 774; Miller v. ltapp, 7 Ind. App. 89. 3-} N. E. 126; Hall v. Bartlett, 9 Barb. (.\‘.. Y.) 297; Branyan v. Kay, 33 S. C. 283, 11 S. E. 970; Nlantlc Mills Co. v. Riverside & 0. Mills, 19 R. 1. 34, 31 At]. 432; Ulshafer \. Stewart, 71 Pa. 170. Formerly. however. there was a more substantial distinction between them. An action was considered as terminating with the giving of judgment, and the execution formed no part of it. (Litt. § 501; C0. Lltt 239a.) A suit, on the other hand, included the execution. (Id. 291a.) So, an action is termed by Lord Coke, "the right of a suit." (2 inst. 40.) Burrill.

—Mixed action. An uction partaking of the twofold nature of real and personal actions. having for its object the demand and restitution of real property and also personal damages for a wrong sustained. 3 Bl. Comm. 118: Hall v. Decker, 48 Me. 257. Mixed actions are those which are hrought for the spccific recovery of lands, like real actions, but comprise. joined with this claim, one for damages in respect of such property; such as the action of waste, where, in addition to the recovery of the place wasted. the demandnnt claims damages: the writ of entrv. in which, by statute, a demand of mesne profits may be joined; and doner. in which a claim for detention may he included. 48 Me. 255. in the civil law. An action in which some specific thing one demanded, and also some edpersonal obligation claimed to be perform ; or, in other words, an action which proceeded hoth in rem and in persrmam. Inst.

8. 20;—Personnl action. In the civil law. An action in persuaam. A personal action seeks to enforce an ohiigalion imposed on (he defend- ant by his contract or dclict: that is, it is the contention that he is bound to transfer some dominion or to perform some service or to repair some loss. Gains, bk. 4, § 2. In common law. An action hrought for the recovery of some deht or for damages for some personal in- jury. in coutradisfinction to the old real actions. which related to real property only. Ree 3 “Bl. Comm. 117. Boyd v. Cronan. 71 Me. 296: Doe v. Waterloo Min. Co. (C. C.] 43 Fed. 219: Osborn v. Fall River, 140 Mass. 508, 5 N. E. 483. An action which can he brought only hy the person himself who is injured, and not hy his representatives.—Renl notion. At the common law. One hrought for the specific recovery of lands, tenements, or hereditaments. Staph. Pl. 3: Crorlser v. Black. 16 Mass. 4-13: Hall v. Darker, 43 Me. 256: D . W Min. Co.. 43 Fed. 220. Among ' ans. real actions, otherwise called "vindications." were those in which it man demanded something that was his own. They were founded on do- minion, or jut in re. The real actions of the Roman law were not, like the real actions of the common law, confined to real estate, hut they included personal, as well as real. prop- erty. Wharton.

In French commercial law. Stnck in a company, or shares in a corporation.

In Scotch law. A suit or judicial proceeding.

—Action for poiiiding. An action by a creditor to ohtain a sequestration of the rents