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Action of a writ
Action of a writThis 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. RELATED TERMS-------------------------------------- When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Matter Some substantial or essential thing, opposed to form; facts. 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. Cause 1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). 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. SIMILAR TERMS-------------------------------------- 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 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. 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 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-------------------------------------- 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 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. We thank you for using the Juridical Dictionary to search for Action of a writ. If you have a better definition for Action of a writ than the one presented here, please let us know by making use of the suggest a term option. 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