Mixed Actions - Law Dictionary Search Results
Home Dictionary Name: mixed actionsMixed actions
Mixed actions. Suits at Common Law partaking of the nature of real and personal actions, by which some real property was demanded, and also personal damages for a wrong sustained, were so called. They substantially partook, however, of the character of real actions, and were often so called, but they are now abolished, except the action of ejectment, 3 & 4 Wm. 4, c. 27. Correctly speaking, however, ejectment is in its form a species of the personal action of trespass. Steph. Plead. App. vii. See Now ACTION.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...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Local actions
Local actions, those referring to some particular locality, as actions for trespasses to land, in which the venue must have been laid in the county where the cause of action arose.Real actions and the mixed action of ejectment were local: but personal actions were for the most part transitory, i.e., their cause of action might be supposed to take place anywhere, but when they were brought for anything in relation to realty, they were then local, see Mostyn v. Fabrigas, (1775) 1 Smith, L.C., and 2 Chit. Arch. Prac.And see COUNTY COURT (JURISDICTION), and VENUE....
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
Ejectment
Ejectment, the 'mixed' action at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal).Until abolished by the (English) C.L.P. Act, 1852, s. 168, the forms of this action exhibited the most remarkable string of fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe) were fictitious persons. The declaration stated that a lease of the premises in question for a term of years had been made by the party claiming the title (who was the real plaintiff) to John Doe, who entered upon the land by virtue of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (...
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
Abridge
Abridge [fr. abreger, Fr., abbreviare, Lat.], to make shorter in words retaining the substance. Also the making a declaration or count shorter by subtracting or severing some of the substance therefrom, i.e., a man was said to abridge his plaint in assize, and a woman her demand in action of dower, where any land was put into the plaint or demand which was not in the tenure of the defendant; for if the defendant pleaded non-tenure, joint-tenancy, or the like, in abatement of the writ as to part of the lands, and plaintiff might leave out those lands, and pray that the tenant might answer to the rest, Brooke, tit. 'Abridgment.' Now obsolete in consequence of the abolition of real and mixed actions, by the (English) Real Property Limitations Act, 1833 (3 & 4 Will. 4, c. 27), s. 36, and the (English) Common Law Procedure Act, 1860 (23 & 24 Vict. C. 126), s. 26....
Chattels or catals
Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...
Casual ejector
Casual ejector, the fictitious Richard Roe in the mixed action of ejectment, before the fiction was abolished by the (English) C. L. P. Act, 1852. See Ejectment....
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