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claim

: the formal assertion of such a right [bringing a in the district court] b : cause of action [a plaintiff stated a against a seller of applesauce when she alleged that her children…ate the applesauce…and were

Way

or writing. The right must be proved by user down to the time of the commencement of the action; and, therefore, if there be no proof of user for the last four or five years, it is

Limitation of actions and prosecutions

Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation

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Real action

Matched in: Term Real action

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 … 'wrongfully depriving' is the term now more frequently used. Under the old common law there were four different remedies for the wrongful deprivation of goods-viz., the actions of trespass to goods, detinue, replevin, and trover, which was

Nuisance

negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused

Chose

such notice (a) the legal right to such debt or thing in action; (b) all legal and other remedies for the same; and (c) the power to give a good discharge for the same without the concurrence

writ

old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to

Rescue

him. The party distraining must be in possession of the distress, otherwise there cannot be a rescue. The action of rescue has fallen into disuse; the usual remedy is by an action on the case under the

saving to suitors clause

and that effectively means that a party may pursue an in personam maritime claim in an ordinary civil action seeking a common-law remedy with the right to a jury trial

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