Trespass On The Case - Law Dictionary Search Results
Home Dictionary Name: trespass on the casetrespass on the case
trespass on the case see trespass ...
trespass
trespass [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass] : wrongful conduct causing harm to another: as a : a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another ;also : the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entry b : trespass quare clausum fregit in this entry con·tinu·ing trespass : a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removed criminal trespass : trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause o...
Trespass
Trespass [fr. transgressio, Lat.], any transgression of the law, less than treason, felony, or misprision of either.An unlawful act committed against the person or property of another esp. wrongful entry on another's real property, Black's Law Dictionary, 7th Edn.The action of trespass lies where a trespass has been committed either to the plaintiff's person or property. A trespass is an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence, though none is actually used, where the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence an assault and battery is an instance; of implied, a peaceable but wrongful enter upon the plaintiff's lands, Steph. Plead., 7th Edn., 11, 37, 154. As to trespass on the case, see CASE and VI ET ARMIS.Trespass, as an unlawful act committed against a person and property of another, Black's Law Dictionary (7th E...
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
action on the case
action on the case :trespass on the case at trespass ...
De injuria sua propria absque tali causa
De injuria sua propria absque tali causa (of his own wrong, without any such cause as alleged), more compendiously called the traverse de injuria, a species of traverse by replication in pleading, now obsolete, which varied from the common form, and which, though confined to particular actions, and to a particular stage of the pleadings, was of frequent occurrence. It always tendered issue; but, on the other hand, differed (like many of the general issues) from the common form of a traverse, by denying in general and summary terms, and not in the words of the allegation traversed.This species of traverse occurred in the replication in actions of trespass, trespass on the case (including a species of assumpsit), and in the plea in bar in replevin, but was not used in any other stages of the pleadings, See Steph. On Plead.All the advantages of this replication were obtained in every case by joining issue, as provided by the C.L.P. Act, 1852, s. 79, now replaced by R.S.C. 1883, Ord. XIX.,...
Damnum absque injuria
Damnum absque injuria, means if the law gives no remedy, there is 'damnum absque injuria' or damage without the right to recompense, Halsbury's Laws of England 12(1), para 802, p. 264.Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he please...
Damnum absque injuri'
Damnum absque injuri', [a loss without a wrongful act). Loss without such injury as would give rise to an action for damages against the offending party. This is not actionable. Damnum sine injuri' esse potest, Lofft, 112. Thus, if I have a mill, and a neighbour builds another mill upon his own land, per quod the profit of my mill is diminished, yet no action lies against him, for every one may lawfully erect a mill upon his own ground; though if I have a mill by prescription on my own land, and another erects a new mill, which draws away some portion of the stream from mine, so as to diminish its former power, an action of trespass on the case will lie against him; and if I build a house on the edge of my lands, my neighbour may at any time within twenty years block out my light by any erection he pleases, so long as he does not trespass, though his doing so after the twenty years would be actionable by virtue of the Prescription Act. See PRESCRIP-TION and UBI JUS, IBI REMEDIUM....
Ex delicto
Ex delicto (from a tort or offence). the actions which arose from torts were: (1) trespass on the case; (2) trespass; (3) trover; (4) replevin. Consult Addison, or Clerk and Lindsell, or Pollock on Torts....
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