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Actionable Claim - Law Dictionary Search Results

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set-off

party's debt or claim by an assertion of another claim arising out of another transaction or cause of action against the other party 2 a : a right to seek reduction or discharge of a debt or

Recovery

in the Court of Common Pleas, carried on to judgment, and founded on the supposition of an adverse claim; and (2) the recovery-deed, which was partly a preparatory step to suffering the recovery, and partly a declaration … entail remained undisturbed. This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carried on to judgment, and founded on the supposition of an adverse

set-off

party's debt or claim by an assertion of another claim arising out of another transaction or cause of action against the other party 2 a : a right to seek reduction or discharge of a debt or

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Trover

Trover [fr. trouver, Fr., to find]. This was a special action upon the case, properly called the action of trover and conversion (see that title), which might be maintained … hand, the plaintiff was always out of possession and the defendant in possession of the goods when the tort was committed.-Odgers on the Common Law, and see Salmond on Torts. A common law action for recovery of

third-party claim

Matched in: Term third-party claim

Detinue

Detinue, an action by a plaintiff who seeks to recover the goods in specie, or on failure thereof the value and … still called an action of detinue. The vexed question as to whether detinue is or was founded on tort or contract is now only of importance in relation to costs, Bryant v. Herbert, (1878) 3 CPD 389]

Joinder of causes of action

Ord. XVIII., the plaintiff may in many cases unite in the same action and the same statement of claim several causes of action, subject to various powers of the court or a judge to order separate trials. … Joinder of causes of action, coupling two or more matters in the same suit or proceeding. Under the (English) C.L.P. Act, 1852, s.

Mixed actions

Those in Roman Law, in which some specific thing was demanded, and where also some personal obligations were claimed to be performed, Hallifax on Roman Law, 85 … Mixed actions. Suits at Common Law partaking of the nature of real and personal actions, by which some real property

Circuity of action

an action, and see also the third party procedure under R.S.C. Ord. XVI., r. 48, where the defendant claims contribu-tion or indemnity against any person not a party to the action. … Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also

counterclaim

counterclaim : a claim for relief that is asserted against an opposing party after an original claim has been made compare affirmative

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