User De Action - Law Dictionary Search Results
Home Dictionary Name: user de actionUser de action
User de action, the pursuing or bringing an action in the proper county, etc., Brooke, 64....
Executor de son tort.
Executor de son tort. See (English) A.E. Act, 1925, ss. 28, 29, and s. 55(1)(xi.). If a stranger take upon himself to act as executor or administrator (see 14 Halsbury's L. of E., 2nd Edn., para. 282), without any just authority (as by intermeddling with the goods of the deceased, and any other transactions), he is called in Law an executor of his own wrong, de son tort, and is liable to the extent of the assets which have come to him and to all the trouble of an executorship without any of the profits or advantages; but the doing of acts of necessity or humanity, as locking up the goods or burying the corpse of the deceased, will not amount to such an intermeddling as will charge a man as executor of his own wrong. Such an one cannot bring an action himself in right of the deceased; but actions may be brought against him, 1 Wms. Exors.; and see Peters v. Leeder, (1878) 47 LJ QB 573; A.-G. v. New York Breweries Co., 1899 AC 62. As to his liability in respect of a term of years of which...
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.,...
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
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 Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
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...
De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti
De fide et officio judicis non reciptur qu'stio; sed de scientia, sive error sit juris aut facti. Bacon.--(A question cannot be admitted as to the good faith and honesty of a judge; but it may as to his knowledge, whether he be mistaken as to the law or the fact.) And see Broom's Leg. Max.It is an ancient rule that a judge of record is not liable to an action for anything done by him in his judicial character, even for slander; see Scott v. Stansfield, (1868) LR 3 Ex. 220. And see JUDGE....
League of Nations (Societe des Nations)
League of Nations (Societe des Nations), is a conventional assembly which was set up early in 1920 at the conclusion of the War of 1914-1919 (First World War), with a membership of 58 States. The Covenant, consisting of 26 Articles at the beginning of each of the Peace Treaties, is its charter, pledging these States to promote international co-operation, and achieve peace and security by accepting obligations not to go to war, and to respect treaties. Among the important principles which underlie the League are the 'collective system,' e.g., collective action to prevent aggression, as well as to assist members to carry on their common interests more effectively; the duty of reduction of armaments; equality for States, e.g., recognition of greater responsibility of large Powers, with legal equality for all, large or small; undertaking to use peaceful settlement for disputes, with recognition that any war is the responsibility of all peoples; provision of means for adapting existing righ...
Monstrans de faits ou records
Monstrans de faits ou records (showing of deeds or records).Upon an action brought upon an obligation, after the plaintiff had declared he ought to have shown his obligation, and so also of records. Monstrans de faits differed from oyer de faits in that he who leaded the deed or record, or declared upon it, ought to have shown it, and the defendant might demand oyer of the same....
Petition de droit (Petition of Right UK)
Petition de droit (Petition of Right UK), one of the Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, or compensation in damages for breach of contract, the Crown not being liable to an ordinary action at the suit of a subject. It is said to owe its origin of Edward I.By the (UK) Petition of Right Act, 1860 (23 & 24 Vict. c. 34) (commonly called Bovill's Act), the procedure on a petition of right is assimilated as far as practic-able to the course of an ordinary action. The fiat of the sovereign 'that right be done' is, however, a necessary preliminary step; this is obtained by leaving the petition with the Home Secretary. A judgment that the suppliant is entitled to the whole or some portion of the relief sought by his petition, or to such other relief as the Court may think right, has the same effect as a judgment of amoveas manus. Costs are made payable both to and by the Crown, and nothing in the Act is to prevent any sup...
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