An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight […]
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ACTIO LE- GIS AQUILIA
An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a […]
ACTIO MANDATI
Included actions to enforce contracts of mandate, or obligations arising out of them. Hunter. Rom. Law, 310.
ACTIO MIXTA
A mixed action ; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both […]
ACTIO NEGATORIA
An action, brought to repel a claim of the defendant to a servitude in the plaintiff’s land. Mackeld. Rom. Law,
ACTIO NEGOTIORUM GESTORUM
Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of business for another
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 […]
ACTIO NON DATUR NON DAMNIFICATO
An action is not given to one who is not injured. Jenk. Cent. 09.
ACTIO NON FACIT REUM, NISI MENS SIT REA
An action does not make one guilty, unless the intention be bad. Lofft. 37.
ACTIO NON ULTERIUS
In English pleading. A name given to the distinctive clause in the plea to the further mainte nance of the action, introduced In plact of the plea puis darrein continuance […]
ACTIO NOXALIS
A noxal action ; an action which lay against a master for a crime committed or injury done by his slave; and in which the master had the alternative either […]
ACTIO NTILIS
A beneficial action or equitable action . An action founded on equity instead of strict law, and available for those who had equitable rights or the beneficial ownership of property. […]
ACTIO PERSONALIS
In the civil and common law. A personal action . The ordinary term for this kind of action in the civil law is actio in personam , (q. v.,) the […]
ACTIO PERSONALIS MORITUR CUM PERSONA
A personal right of action dies with the person. Noy, Max. 14.
ACTIO PIGNORATITIA
An action of pledge; an action founded on the contract of pledge, (pigtuis.) Dig. 13, 7; Cod. 4, 24.
ACTIO POENALIS IN HAEREDEM NON DATUR, NISI FORTE EX DAMNO LOCUPLETIOR LUCRES FACTUS SIT
A penal action is not given against an heir, unless, indeed, such heir Is benefited by the wrong.
ACTIO PRA;TORIA
A pnetorian action; one introduced by the prwtor, as distinguished from the more ancient actio civilis , (q. v.) Inst. 4, 0, 3; Mackeld. Rom. Law,
ACTIO PRO SOCIO
An action of partnership . An action brought by one partner against his associates to compel them to carry out the terms of the partnership agreement .
ACTIO PROEJUDICIALIS
A preliminary or preparatory action. An action instituted for the determination of some preliminary matter on which other litigated matters depend, or for the determination of some point or question […]
ACTIO PRRCSCRIPTIS VERBIS
A form of action which derived its force from continued usage or the rcsponsa prudentium, and was founded on the unwritten law . 1 Spence. Eq. Jur. 212.
ACTIO PUBLICIANA
An action which lay for one who had lost a titling of which he had bona fide obtained possession, before he had gained a property in it, in order to […]
ACTIO QUAELIBET IT SUA VIA
Every action proceeds ill its own way. Jenk. Cent. 77
ACTIO QUOD INETUS CAUSA
An action granted to one who had been compelled by unlawful force, or fear (metus causa) that was not groundless, (met us proba- bitis or jiistus.) to deliver, sell, or […]
ACTIO QUOD JUSSU
An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 20.
ACTIO REALIS
A real action . The proper term in the civil law was rci vindieatio. Inst. 4, 0. 3.