Tag: Remedies
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Assumpsit
Legal Definition and Related Resources of Assumpsit Meaning of Assumpsit Latin. He undertook or promised. The term was originally used to refer to all contracts, verbal or written, that were not under seal. In practice, referred to the form of […]
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Habere Facias Seisinam
That you cause to obtain seisin. The emphatic words of a writ of execution by which the sheriff delivered possession of a freehold to the demandant. 3 Bl. Com. 412; id. 359….
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Habere Facias Seisinam
That you cause to obtain seisin. The emphatic words of a writ of execution by which the sheriff delivered possession of a freehold to the demandant. 3 Bl. Com. 412; id. 359….
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Scire Facias
A judicial writ at common law reviving a judgment and merely a continuation of action leading to execution of the already obtained judgment requiring the defendant to make known reason why execution should not issue .
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Mesne Profits
Profits derived from land whilst the possession of same had been improperly withheld. Intermediate profits, that is profits which have been accruing between two given periods.
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Mesne Profits
Profits derived from land whilst the possession of same had been improperly withheld. Intermediate profits, that is profits which have been accruing between two given periods.
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Indebitatus Assumpsit
(Lat.) In pleading. That species of action of assumpsit in which the plaintiff alleges, in his declaration, first a debt, and then a promise in consideration of the debt to pay the amount to the plaintiff. It is so called from the words in which the promise is laid in the Latin form, […]
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Indebitatus Assumpsit
(Lat.) In pleading. That species of action of assumpsit in which the plaintiff alleges, in his declaration, first a debt, and then a promise in consideration of the debt to pay the amount to the plaintiff. It is so called from the words in which the promise is laid in the Latin form, […]
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Ejectment
A mixed action in which recovery of land, rents due and damages could be recovered in the same action. In strict sense, an action at law for the termination of a claim of right of possession to and recovery of possession of corporeal hereditaments. Bradshaw v Ashley, 180 U.S. […]
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Ejectment
A mixed action in which recovery of land, rents due and damages could be recovered in the same action. In strict sense, an action at law for the termination of a claim of right of possession to and recovery of possession of corporeal hereditaments. Bradshaw v Ashley, 180 U.S. […]
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Admeasurement of dower
A remedy which lay for the heir, on reaching his majority, to rectify an assignment of dower made during his minority, by which the doweress had received more than she was legally entitled to. 2 Bl. Comm. 136; Gilb. Uses, 379. The remedy is still subsisting, though of rare occurrence. See […]
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Circuity Of Action
A indirect course of legal procedure which necessitates multiple actions to achieve a result which might have been achieved in a single action . See Miller v Dyer, 127 P.2d901, 20 Cal.2d 526.
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Qui Tam
(Lat. who as well). An action under a statute which imposes a penalty for the doing or not doing an act, and gives that penalty in part to whosoever will sue for the same, and the other part to the commonwealth, or some charitable, literary, or other institution, and makes it recoverable […]
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Specific Performance
Where the common law remedy of damages is inadequate to compensate a plaintiff for breach of a contract , equity will compel the defendant to accomplish the thing contracted for on the equitable principle that what is lawfully agreed to be done ought to be done. An action […]