An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of these actions is similar to that of actions on the case at common law. … [Read more...] about ACTIO IN FACTUM
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ACTIO PERSONALIS MIORITUR CUM PERSONA
That a personal action dies with the person, is an ancient and uncontested maxim. But the term personal action, requires explanation. In a large sense all actions except those for the recovery of real property may be called personal. This definition would include contracts for the payment of money, which never were supposed to die with the person. The maxim must therefore be … [Read more...] about ACTIO PERSONALIS MIORITUR CUM PERSONA
ACTIO AESTIMATORIA; ACTIO QUANTI MINORIS
Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, however, to cancel the sale. Hunter, Rom. Law, 332. … [Read more...] about ACTIO AESTIMATORIA; ACTIO QUANTI MINORIS
ACTIO DE PECUNIA CONSTITUTE
An action for money engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst 4, 6. 9; Dig. 1& 5; Cod. 4, 18. … [Read more...] about ACTIO DE PECUNIA CONSTITUTE
ACTIO IN PERSONAM
In the civil law. An action against the person, founded on a personal liability; an action seeking redress for the violation of a jus in personam or right available against a- particular individual. In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguished from an actio in rem, which is a suit directed … [Read more...] about ACTIO IN PERSONAM
