Circuity - Law Dictionary Search Results
Home Dictionary Name: circuityCircuity of action
Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also a general term denoting inter alia a multiplicity of law suits. Wherever the rights of the litigant parties were such that the defendant would be entitled to recover back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. of Plead., 3rd ed., p. 558. Now all the counterclaims may be raised in the defence to an action. See Jud. Act, 1873, s. 24(3), and Judicature Act, 1925, s. 39; see also ss. 59 (2) and 61 of the Bills of Exchange Act, 1882. See COUNTERCLAIM.One of the most beneficial functions of the Chancery Courts was exercised in its concurrent jurisdiction under which all parties concerned were brought before the Court before deciding an action, and see also the third party procedure under R.S.C. Ord. XVI., r. 4...
Circuity
A going round in a circle a course not direct a roundabout way of proceeding...
Circuitus est evitandus; et boni judicis est lites derimere, ne lis ex lite oriatur
Circuitus est evitandus; et boni judicis est lites derimere, ne lis ex lite oriatur [Lat.], Circuity is to be avoided; and it is the duty of a good judge to determine litigation, lest one lawsuit arise out of another....
Concurrent jurisdictions
Concurrent jurisdictions, the jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. Inequity, the jurisdiction was concurrent where no complete relief was obtainable at law. It was exercised in order to avoid circuity of action or multiplicity of suits. See UNSOUND MIND....
Dolus circuitu non purgatur
Dolus circuitu non purgatur [Lat.], Fraud is not purged by circuity...
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