Lanterna Rally

Author: Henry John Stephen

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 262

ISBN-13: 9781230370491

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...was likewise case and not trespass, even though the injury was by act done, and its operation was direct and immediate (p). (b) Replevin is an action of limited application, being almost invariably confined to trying the legality of a dis-tress levied upon the personal chattels of the plaintiff (q). (0 The action of (fei'?i, though (hi) In actioug of trespass, the founded on a tort, --viz., the formal words n tt annis, and wrongful detainer of a chattel (see contra pacem, were formerly Glf.dxtanf. v. Hewitt (1831), 1 Or. & always used in the pleadings; but J. 56o), --was considered for some the necessity for this was abolished purposes as an action Oh contract. by the Common Law Procedure (see Bryanl. Herbert (1878), Act, 1852. 3 C. P. D. 389). (n) Reeves, Hist. Eng. Law, vol. iii. pp. 89, 243, 391. 8.C.--in. 2 c Actions used also to be classed as local and transitory; the former being founded on such causes of action as necessarily refer to some particular locality, as in the case of trespasses to land, the latter on such causes of action as may take place anywhere, as in the case of trespasses to goods, butteries, and the like. Thus, real actions were always in their nature local, personal actions were for the most part transitory; and local actions must formerly, as the general rule, have been tried in the county where the cause of action arose, and by a jury of that county, while transitory actions might have been tried in any county, at the discretion (in general) of the plaintiff. In respect of a trespass to land out of the jurisdiction, no action will lie (?) in an English court; but where the action is transitory (as for breach of contract), the action will lie in the-English courts, whether the breach were.