Actionable Claim - Law Dictionary Search Results
Goods
actionable is movable property and 'goods' in the wider sense of the term but a sale of an actionable claim would not be subject to the sales tax laws, a claim to the beneficial interest in movable property
Tort
actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs … or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions
Costs
Vict. c. 61). In equity costs rested entirely in the discretion of the Court, for the prima facie claim of the successful litigant to costs might be rebutted by the particular circumstances of the case, and it … to the officers of the Court, or to the counsel and solicitors, for their fees, etc. Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his
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County Courts
out the duties of a judge unavoidably absent. Jurisdiction.--The subject matters of the general jurisdiction are all personal actions where the debt, demand or damage claimed is notmore than 100l. except libel, slander, seduction, or breach of … absent. Jurisdiction.--The subject matters of the general jurisdiction are all personal actions where the debt, demand or damage claimed is notmore than 100l. except libel, slander, seduction, or breach of promise of marriage, ejectment where either the
Cause of action
a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the … Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for
jurisdiction
a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it … (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original
Leave to defend
may, at the option of the plaintiff, be specially endorsed with or accompanied by a statement of his claim as of the remedy to which he claims to be entitled; in which case, if the defendant fail … defend. The repealed (English) Bills of Exchange Act, 1855 (18 & 19 Vict.c.67), commonly called 'Keating's Act,' allowed actions on bills or notes commenced within six months after being due, to be by writ of summons in
Remitter of actions to County Court
Court may remit to the County Court any action brought in the High Court where (1) the plaintiff's claim is founded either on contract or tort and the amount claimed or remaining in dispute does not exceed … Remitter of actions to County Court. See (English) County Courts Act, 1934 (24 & 25 Geo.5, c. 53), s. 45, which
Suit
for an account. The paint must show that the defendant is an accounting party and that the plaintiff claims on the footing that an account has to be taken to ascertain in the sum due to him, … Suit, a following. It is used in divers senses:- (1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution;
Damages
When an action cannot be sustained unless there is special damage, the subject-matter is described as not being actionable per se. Damages are either liquidated or unliquidated. Whenever the amount to which the plaintiff is entitled can … Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of
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