Page:Black's Law Dictionary (Second Edition).djvu/35

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

ACTION 27 of hind and the goods of his debtor for the satisfaction of the debt, or to enforce a distress. —Action of abstracted ninltiu-es. An ne- non for multures or tolls against those who

are thirled to a mill, 9. 2.. bound to grind their corn at a certain mill, and ' to do so. Bell. —Action of adherence. An action competent to a husband or wife, to compel eitber party to adhere in case of desertion. It is analogous to the English suit for restitution, of con- Jugai rights. Wharton.

{{anchor+|.|ACTION 0!‘ A WRIT. A phrase used wlicu a defendant pie-ails some matter by which he sh0\\s that the plaintiff had no cause to have the writ sued upon, although it may be that lie is entitled to another writ or action for the some inatter. Co\vel1.

{{anchor+|.|ACTION OF BOOK DEBT. A form of action for the recovery of claims, sucii as are usually evidenced by a book-account; riiis action is principally used in Vermont and Connecticut. Terrill v. Beecher, 9 Conn. 544: Stoking v. Sage. 1 Conn. 75: Green V. Pratt, 11 Conn. 203; May v. Browneil, 3 Vt. 463; Easly v. Eakin, Cooke ('1‘enn.) 388.

{{anchor+|.|ACTION ON THE CASE. A species of persomil action of very extensive application, otherwise called “trespass on the case," or simply “case," from the circunistance of the piiiintiti"s whole case or cause of complaint being set forth at length in the original writ by which formerly it was always COl.\.ll.i.Iei.|L€(]. 3 Bi. Couiui. 122. Mobile L. ins. Co. v. Randall. 74 Ala. 170; Cramer v. Fry (C. C.) 68 Fed. W1; Sharp v. Curtiss, 15 Conn. 526; \\-':iii1re v. Wll)lii1i;.ftl)L\ & N. R. 00., 8 Houst. (Del) 529, 18 Ati. 818.

{{anchor+|.|ACTIONABLE. ‘That for Which an action will lie; furnishing legal ground for an ziciion.

—Actiunn'liIe fraud. Deception practiced in order to induce another to part with property or surrender some legal right; a faise representation uimio with an intention to deceive; may he committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent to_ileceive. Marsh v. I<‘niker.

40 . 1'. ; Farriugton. v. Buiiard. 40 Barb. !N. Y.) 512, Ficciit v. Motzler. 14 Utah, 408, 43 Pac. 37. 60 Am. St. Rep. 906; Sn yer v

Prickett, 19 \\’nll. 14G. 22 L. Ed. I(l5.—Aetiunnlile misrepresentation A false statement respecting a fact maieiinl to the contract and which is influential a procuring it. \\’ise V. Fuller, 29 N. J. Eh. .. —Autiona'bIe negligence. The hrcach or nonpcrforniancc of a legal duty, through neglect or rnrcirssness. resulting in damage or injury to another. Roddy V. Missouri Pac. R. Co.. 101 Mo. 234. 15 S. W. 1112. i2 L. R. A. 746. 24 Am. St. Rep. 333; Boardman v. Creighton, 95 Me. 154, 49 At]. 663: Hale v. Grand Trunk Co.. 60 \t (I35, 15 At]. 300, 1 L. R. A. 187: Fidelity 8: Casualty Co. v. Cults ‘Vi Me. 162. 49 Atl. iiT3.—Actiona'I11e nuisance. Anvthing in- jiirious to health, or indecent, or offensive to the scnsies, or an obstruction to the free use of property so as to interfere with the com- fortnlile enjoyment of life or property. (‘rule Div. Proc. Cal. § 31: Grandona v. Lei-dai. 78 Fail. 611, 21 Pac. 366. 12 Am. St. Rep. 121; Cooper v. Overton, 102 Tenn. 211, 52 S. W. 1S3


45 L. R. A. 591. 73 Am. St. Rep. 864.—Ac— tionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some oifcnsive disease, or impute moral turpitude, or tend to injure a party in his trade or business, are said to he “iictionabie per se." Barnes v. Trundy. 31 Me. 321: Lemons V Wells, 78 117: May- rant v. Richardson, 1 Nott & M ‘. 347. 9 Am. Dec. 707; Cady v. Brooklyn Union Pub. 00.. 23 Misc. Rep. 409. 51 N. Y. Supp. 198.

{{anchor+|.|ACTIONARE. L. Lat. (From actto, an

action.) In old records. To bring iin actin to prosecute, or sue. Thorn's Chron.; Wlii haw.

{{anchor+|.|ACTIONARY. A foreign coniniercial term for the proprietor of an action or share of a public company's stock; a stockholder.

{{anchor+|.|ACTION]-is LEGIS. In the Roman law. Legal or lawful action; actions of or at law. (leg/iliiiiw actioiics.) Dig. 1, 2, 2, 8.

ACTIONES NOMINATE. In the English chancery. Writs for which there “ere precedents. The statute of Wcstininster. 2, C. 2-}, gave Chancery authority to furni new writs in canstiriili casu; hence the action on the case.


All actions which are not rescissory. Ersk. Inst. 4. 1, 18. {{anchor+|.|ACTIONS RESCISSDRY. In Scotch

law. These are either (1) actions of proper lniprobatiun for declaring a writing false or forged; (2) actions of reduction-iinproh.itiuu for the production of a writing in order to have it set aside or its effect ascertained under the certification that the writing if not produced shall he declared false or forged: and (3) actions of simple reduction, for ileclaring a writing called for null until pro- duced. Ersk. I'rin_ 4, 1, 5.

{{anchor+|.|ACTIVE. That is in action; that de mantis action ; actually subsisting; the oppu site of passive. An active debt is one which draws interest. An active trust is a confl- dence connected with 11 duty. An active use is a present legal estate.

{{anchor+|.|ACTON BURNEL, STATUTE OF. In English law. A statute, otherwise called “Stututum de Mencu,tori'bus." made at a par- liaincnt held at the castle of Acton Burnei in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158462.

{{anchor+|.|ACTOR. In Roman law. ed for another; one who attended to an- other's business: fl manager or agent. A slave who attended to, transacted, or superinteuded his master's business or afifairs, received and paid out moneys, and kept accounts. Bl'LI'I‘llL

A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "pctitoi-;" in a public action

One who act-