An affirmative petitory action for the recognition and enforcement of a servitude. So called because based on the plaintiffs affirmative allegation of a right in defendant's land. Distinguished from an actio negntoria, which was brought to repel a claim of the defendant to a servitude In the plaintiffs land. Mackeld. Rom. Law, … [Read more...] about ACTIO CONFESSORIA
A
ACTIO FAMILIES ERDSCUNDSS
An action for the partition of an inheritance. Inst. 4, 6, 20; Id. 4, 17, 4. Called, by Bracton and Fleta, a mixed action, and classed among actions arising em quasi contractu. Bract, fol. 1005; Id. fols. 4436, 444; Fleta, lib. 2, c. 60, … [Read more...] about ACTIO FAMILIES ERDSCUNDSS
ACTIO NON ULTERIUS
In English pleading. A name given to the distinctive clause in the plea to the further maintenance of the action, introduced in plact of the plea puis darrein continuance; the averment being that the plaintiff ought not further (ulterius) to have or maintain his action. Steph. PI. 64, 65, 401. … [Read more...] about ACTIO NON ULTERIUS
ACTING
Temporary performance. Frequently referring to a temporary position performing and carrying out the duties of an office without actually holding the position. Law Dictionary - Alternative Legal Definition 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 Architect." Fraser v. … [Read more...] about ACTING
ACTIO DAMNI INJURIA
The name of a general class of actions for damages, including many species of suits for losses caused by wrongful or negligent acts. The term is about equivalent to our "action for damages." … [Read more...] about ACTIO DAMNI INJURIA