KFLCC Kingdom Law 2nd Ed.

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ACTOR

ACTION

of land and the goods of his debtor for the satisfaction of the debt, or to enforce a distress. —Action of abstracted multures. An ac tion for multures or tolls against those who are thirled to a mill, t. e., bound to grind their corn at a certain mill, and fail to do so. Bell. —Action of adherence. An action compe tent to a husband or wife, to compel either par ty to adhere in case of desertion. It is analo gous to the English suit for restitution of con jugal rights. Wharton. ACTION OP A WBIT. 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 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. ACTION ON THE CASE. 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. Ran dall, 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. ACTIONABLE. That for which an ac tion will lie; furnishing legal ground for an action. — Actionable fraud. Deception practiced in order to induce another to part with property or surrender some legal right; a false represen tation made with an intention to deceive; may be committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood ut tered with intent to deceive. Marsh v. Falker, 40 N. Y. 575; Farrington v. Bullard, 40 Barb. (N. Y.) 512; Hecht v. Metzler, 14 Utah, 408, 48 Pac 37, 60 Am. St Rep. 906; Sawyer v. Prickett, 19 Wall. 146, 22 L. Ed. 105.—Ac tionable misrepresentation. A false state ment respecting; a fact material to the contract and which is influential in procuring it. Wise v. Fuller, 29 N. J. Eq. 257.—Actionable neg ligence. The breach or nonperformance of a legal duty, through neglect or carelessness, re sulting in damage or injury to another. Roddy v. Missouri Pac. R. Co., 104 Mo. 234, 15 S. W. 1112, 12 L. R. A. 746, 24 Am. St. Rep. 333; Boardman v. Creighton, 95 Me. 154, 49 Atl. 663; Hale v. Grand Trunk R. Co, 60 Vt. 605, 15 Atl. 300, 1 L. R. A. 187; Fidelity & Casualty Co. v. Cutts, 95 Me. 162, 49 Atl. 673.—Actionable nuisance. Anything in jurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the com fortable enjoyment of life or property. Code Civ. Proc. Cal. § 731; Grandona v. Lovdal, 78 Cal. 611, 21 Pac. 366, 12 Am. St. Rep. 121; Cooper v. Overton, 102 Tenn. 211, 52 S. W. 183, ACTION OF BOOK DEBT.

45 L. R. A. 591, 73 Am. St Rep. 864.—Ac tionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute moral turpitude, or tend to injure a party in his trade or business, are said to be "actionable per se." Barnes v. Trundy. 31 Me. 321; Lemons v. Wells, 78 Ky. 117; May rant v. Richardson, 1 Nott & McC. 347, 9 Am. Dec. 707; Cady v. Brooklyn Union Pub. Co., 23 Misc. Rep. 409, 51 N. Y. Supp. 198. ACTION ARE. Ii. Lat (From actio, an action.) In old records. To bring an action; to prosecute, or sue. Thorn's Chron.; Whis haw. ACTIONARY. A foreign commercial term for the proprietor of an action or share of a public company's stock; a stockholder. In the Roman law. Legal or lawful action; actions of or at law, (legttimce actiones.) Dig. 1, 2, 2, 6. ACTIONES NOMINATES. In the Eng lish chancery. Writs for which there were precedents. The statute of Westminster, 2, c. 24, gave chancery authority to form new writs in consimili casu; hence the action on the case. ACTIONS ORDINARY. In Scotch law. All actions which are not rescissory. Ersk. Inst. 4, 1, 18. ACTIONS RESCISSORY. In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in order to have it set aside or its effect ascertained un der the certification that the writing if not 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. Prin. 4, 1, 5. That is in action; that de mands action ; actually subsisting; the oppo site of passive. An active debt is one which draws interest. An active trust is a confi dence connected with a duty. An active use is a present legal estate. ACTON BUBNEL, STATUTE OF. In English law. A statute, otherwise called "Statutum de Mercatorious, 1 ' made at a par liament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162. ACTOR. In Roman law. One who act ed for another; one who attended to an other's business; a manager or agent. A slave who attended to, transacted, or super intended his master's business or affairs, re ceived and paid out moneys, and kept ac counts. Burrill. A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "petitor;" in a public action ACTIONES LEGIS. ACTIVE.