Juridical Dictionary

This dictionary contains:
8526
juridical terms

Actio non




Actio non

Pleading. After stating the appearance and defence, special pleasbegin with this allegation, "that the said plaintiff ought not to have or maintain his aforesaid action there of against him," actio non habere debet.

RELATED TERMS
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Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.

Appearance
The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.

Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.

Allegation
A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

Said
Before mentioned.

Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Aforesaid
Before mentioned; already spoken of.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Actio
A doing, performing: an action, or right of action.

Habere
To have. This word is used in composition.

Debet
Latin. He owes; from debere: de habere, to have a thing of some one. Debet et detinet - He owes and with holds.



SIMILAR TERMS
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Actio
A doing, performing: an action, or right of action.

Actio bonae fidei
An action of good faith.

Actio commodati contraria
The name of an action in the civil law, by the borrower against the lender, to compel the execution of the contract.

Actio commodati directa
In the civil law, is the name of an action, by alender against a borrower, the principal object of which is to obtain restitution of the thing lent.

Actio condictio indebiti
The name of an action in the civil law, by whichthe plaintiff recovers the amount of a sum of money or other thing be paid by mistake.

Actio depositi contraria
The name, of an action in the civil law which thedepositary has against the depositor to compel him to fulfill his engagement towards him.

Actio depositi directa
In the civil law, this is the name of an action whichis brought by the depositor against the depositary, in order to get back the thing deposited.

Actio exconductio
Civil law. The name of an action which the bailor of athing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.

Actio judicati
Civil law. Was an action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days after wards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and, if at the end of two mouths, the debt was not paid, the land was sold.

Actio non accrevit infra sex annos
The name of a plea to the statute oflimitations when the defendant insists that the plaintiff's action has not accrued within six years.

Actio pro socio
In the civil law, is the name of an action by which either partner could compel his co-partners to perform their social contract.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Action ad exhibendum
Civil law. This was an action instituted for thepurpose of compelling the defendant to exhibit a thing or title, in his power.It was preparatory to another action, which was always a real actionin the sense of the Roman law, that is, for the recovery of a thing, whetherit was movable or immovable.

Action case
Cause, suit, or controversy disputed or contested before a court of justice.

Action in personam
An action against the person.

Action in rem
An action against a thing - an inanimate object out of which satisfaction is sought.

Action of a writ
This phrase is used when one pleads some matter by whichhe shows that the plaintiff had no cause to have the writ which he brought and yet he may have a writ or action for the same matter.

Action of adherence
Scotch law. An action competent to a husband or Wife to compel either party to adhere in case of desertion.

Action of book debt
The name of an action in Connecticut and Vermont,resorted to for the purpose of recovering payment for articles usually charged on book.

Actionary
A commercial term used among foreigners, to signify stockholders.

Actiones nominatae
Formerly the English courts of chancery would make nowrits when there was no precedent, and the cases for which there were precedents were called actiones nominatoe.

Actions ordinary
Scotch law. By this term is understood all actions notrecissory.

Actions rescissory
Scotch law. Are divided into: 1. Actions of proper improbation is an action brought for declaring writingfalse or forged; 2. Actions of reduction-improbation is an action whereby a person who may be hurt, or affected by a writing, insists for producing or exhibiting it in court, in order to have it set aside or its effects ascertained, under the certification, that the writing if not produced, shall be declared false and forged; 3. Actions of simple improbation is the certification is onlytemporary, declaring the writings called for, null, until they be produced; so that they recover their full force after their production.

Active
The opposite of passive. We say active debts, or debts due to us;passive debts are those we owe.



PREVIOUS AND NEXT TERMS
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Actio condictio indebiti
The name of an action in the civil law, by whichthe plaintiff recovers the amount of a sum of money or other thing be paid by mistake.

Actio depositi contraria
The name, of an action in the civil law which thedepositary has against the depositor to compel him to fulfill his engagement towards him.

Actio depositi directa
In the civil law, this is the name of an action whichis brought by the depositor against the depositary, in order to get back the thing deposited.

Actio exconductio
Civil law. The name of an action which the bailor of athing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.

Actio judicati
Civil law. Was an action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days after wards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and, if at the end of two mouths, the debt was not paid, the land was sold.

Actio non

Actio non accrevit infra sex annos
The name of a plea to the statute oflimitations when the defendant insists that the plaintiff's action has not accrued within six years.

Actio pro socio
In the civil law, is the name of an action by which either partner could compel his co-partners to perform their social contract.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Action ad exhibendum
Civil law. This was an action instituted for thepurpose of compelling the defendant to exhibit a thing or title, in his power.It was preparatory to another action, which was always a real actionin the sense of the Roman law, that is, for the recovery of a thing, whetherit was movable or immovable.

Action case
Cause, suit, or controversy disputed or contested before a court of justice.

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This dictionary contains 8526 terms.







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