Rem Action In - Law Dictionary Search Results
Home Dictionary Name: rem action in Page 1 of about 30 results (0.004 seconds)Rem, Action in
Rem, Action in, in the Admiralty Court. By proceedings in rem the property in relation to which the claim is made, or the proceeds of such property in court, can be made available to anser the claim, and be proceeded against. See Williams and Bruce, Adm. Pr. 186. See ADMIRALTY....
In rem
In rem. Civil actions are divided into actions in rem and actions in personam. A judgment in rem is a judgment pronounced on the status of some particular subject-matter. Such are actions for the condemnation of a ship in the Court of Admiralty; suits for nullity of marriage, etc. See INPERSO-NAM; ADMIRALTY; ss. 22 & 23 Judic. Act, 1925....
quasi in rem
quasi in rem [Latin, as if against a thing] : as if one were proceeding against the thing used esp. in reference to proceedings (as for attachment of property) in which one seeks satisfaction of a claim against a person by adjudication of rights to a particular property over which jurisdiction can be obtained see also quasi in rem jurisdiction at jurisdiction compare in personam, in rem NOTE: The plaintiff in a quasi in rem action uses the court's jurisdiction over the defendant's property in hopes of obtaining a remedy for a claim (as for money) against the defendant. A quasi in rem action is often used when jurisdiction over the defendant cannot be obtained due to his or her absence from the state. ...
in rem
in rem [Latin] : against or with respect to a thing (as a right, status, or interest in property) without reference to the persons involved [when the Government is proceeding against property in rem "Austin v. United States, 509 U.S. 602 (1993)"] [an in rem action] see also in rem jurisdiction at jurisdiction compare in personam, quasi in rem ...
In personam
In personam. All civil actions are either in personam or in rem; actions at law in personam are those which seek recovery of damages, etc. so in equity the court acts in personam; thus it will make a decree against a defendant provided he is within the jurisdiction although the subject-matter of the suit may be situate abroad. 'The strict primary decree in this court,' said Lord Hardwicke, 'as a Court of Equity, is in personam', see Penn v. Lord Baltimore, (1750) 1 Ves Sen 444; W. & TLC See IN REM...
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...
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...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
Intervention
Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
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