In Scotch law. These are either (1) actions of proper improbatiou for declaring a writing false or forged; (2) actions of reductlon-improbation for the production of a writing in order to have it set aside or its effect ascertained nn-der the certification that the writing if uot produced shall be declared false or forged; and (3) actions of simple reduction, for de-claring a writing called for null until pro-duced. Ersk. Prln. 4,1, 5
Source: Black's Law Dictionary 2nd Ed (1910)
That is in action; that demands action; actually subsisting; the oppo-site of passive. An active debt is one which draws interest An active trust is a confl-dence connected with a duty. An active use is a present legal estate
Source: Black's Law Dictionary 2nd Ed (1910)
In Scotch law. All actions which are not rescissory. Ersk. Inst. 4, 1, 18
Source: Black's Law Dictionary 2nd Ed (1910)
A foreign commercial term for the proprietor of an action or share of a public company’s stock; a stockholder
Source: Black's Law Dictionary 2nd Ed (1910)
In the Roman law. Legal or lawful action; actions of or at law, (legitim# actiones.) Dig. 1, 2, 2, 6
Source: Black's Law Dictionary 2nd Ed (1910)
That for which an action wlll lie; furnlshing legal ground for an actlon
Source: Black's Law Dictionary 2nd Ed (1910)
L. Lat. (From actio, an action.) In old records. To bring an action; to prosecute, or sue. Thorn’s Chron.; whls-haw
Source: Black's Law Dictionary 2nd Ed (1910)
A form of action for the recovery of claims, such as are usually evidenced by a book-account; this action is principally used in Vermont and Connecticut. Terrill v. Beecher, 9 Conn. 344; Stoking v. Sage, 1 Conn. 75; Green v. Pratt, 11 Conn. 205; May v. Brownell, 3 Vt. 463; Easly v. Eakin, Cooke (Tenn.) 388
Source: Black's Law Dictionary 2nd Ed (1910)
A species of personal action of very extensive application, otherwise called “trespass on the case,” or simply “case,” from the circumstance of the plaintiff’s whole case or cause of complaint being set forth at length in the original writ by which formerly it was always commenced. 3 Bl. Comm. 122. Mobile L. Ins. Co. v. Randall, 74 Ala. 170; Cramer v. Fry (C. C.) 68 Fed. 201; Sharp v. Curtiss, 15 Conn. 526; Wallace v. wilmington & N. R. Co., 8 Houst. (Del.) 529, 18 Atl. 818
Source: Black's Law Dictionary 2nd Ed (1910)
Conduct; behavior; something done; the condition of acting; an act or series of acts
Source: Black's Law Dictionary 2nd Ed (1910)
A phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ sued upon, although it may be that he is entitled to another writ or action for the same matter. CowelL
Source: Black's Law Dictionary 2nd Ed (1910)
In English pleading. A name given to the distinctive clause In the plea to the further mainte
Source: Black's Law Dictionary 2nd Ed (1910)
In the civil and common law. A personal action. The ordi-nary term for this kind of action in the civil law is actio in personam, (q. t>.,) the word personalis being of only occasional occur-rence. Inst 4, 6, 8, in tit.; Id. 4, 11, pr. 1. Bracton, however, uses it freely, and hence the personal action of the common law. Bract fols. 102a, 159b. See Personal Ao-tion
Source: Black's Law Dictionary 2nd Ed (1910)
In pleading. The Latin name of that part of a special plea which follows next .after the statement of appearance and defense, and declares that the plaintiff “ought not to have or maintain his aforesaid action,” etc
Source: Black's Law Dictionary 2nd Ed (1910)
The name of the plea of the stat* ute of limitations, when the defendant alleges that the plaintiff's action has not accrued withiu six years
Source: Black's Law Dictionary 2nd Ed (1910)
In tbe civil taw. An action against the person, founded on a personal liability; an action seeking re-dress, for the vlolatlon of a jus in personam or right avallable against a particular lndi-tldual
Source: Black's Law Dictionary 2nd Ed (1910)
In the civil and com-mon law. An- action for a thing; an action for the recovery of a thing possessed by an-other, Inst. 4, 6, 1. An'action for the en-forcement of a rlght (or for redress for its Invasion) whlch was originally available against all the world, and not in any special sense against the indlvldual sued, until he violated it See In Rxx
Source: Black's Law Dictionary 2nd Ed (1910)
In the civil and common law. An action of contract; an action arising out of, or founded on, con-tract Inst. 4, 6, 1; Bract foL 102; 3 Bl. Comm. 117
Source: Black's Law Dictionary 2nd Ed (1910)
In the civil and cominon law. An action of tort; an action arising out of fault, misconduct, or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex malcflcio is the more common expression of the civil law; whlch is adopted by Bracton. Inst. 4, 6» 1; Bract, fols. 102, 103
Source: Black's Law Dictionary 2nd Ed (1910)
Lat in the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the pro* cecding to enforce a right in a court and the right itself whlch is sought to be enforced
Source: Black's Law Dictionary 2nd Ed (1910)
In the common law. A clvll action, ns distinguished from a crimi-nal action. Bracton dlvides personal actions
Source: Black's Law Dictionary 2nd Ed (1910)
In French law, denotes a docu* ment, or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word “act.” Thus, actes de naissance are the certificates of birth, and must contain tbe day, hour, and place of birth, together with the sex and intended chrlstlan name of the child, and the names of the parents and of the witnesses. Actes de mariage are the marriage certificates, and contain names, professions, ages, and places of birth and domicile of the two persons marrying, and of their parents; also the con-sent of these latter, and the mutual agree-ments of the intended husband and wife to take each other for better and worse, together with the usual attestations. Actes da ddcis are the certificates of death, which are required to be drawn up before any one may be buried. Les actes de Vdtat civil are public documents. Brown
Source: Black's Law Dictionary 2nd Ed (1910)
A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e. g., “Acting Supervising Archl-tect.” Fraser v. United States, 16 Ct Cl. 514. An acting executor is one who assumes to act as executor for a decedent, not being the executor legally appointed or the executor in fact Morse v. Allen, 99 Mich. 303, 58 N. W. 327. An acting trustee is one who takes upon himself to perform some or all of the trusts mentloned in a wlll. Sharp v. Sharp, 2 Barn. A Aid. 415
Source: Black's Law Dictionary 2nd Ed (1910)
Lat. In the Roman law. Dally acts; the public registers or journals of the daily proceedings of the senate, assemblies of the people, courts of justice, etc. Supposed to have resembled a modern newspaper. Brande
Source: Black's Law Dictionary 2nd Ed (1910)