Page:Halsbury Laws of England v1 1907.pdf/874

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Index. ACTIOl^— continued. old forms of action continued. dower, right of, 33, 45 dower unde nihil hahet, 33, 45 ejectment, 34, 44, 46 entry, 33, 34 entry, forcible, 42 error, 45 ex contractu. 35 38 ex delicto, 35, 38 45 false judgment, 45 formedon, 33 injunction, 42 in withernam 43

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mandamus, 42 nuisance, 34 on the case, 34, 40 45 personal, 35

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quare claumm fregit, and ac etiam^ 44 quare impedit, 33, 46 replevin, 43 right in their nature, 33 proper, 33 trespass, 43

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distinguished from trover, 45

on the

case,

40

trover, 44

waste, 34 _ on the case for, 34, 41 originating summons, proceeding by. when not an "action," 4 personal actions, old forms of, 35 45, 48 (<?) l^ersonalis actio,'" old " personal action" and " Q.Q,tioTi in personam,, distinguished, 48 (.) petition, a pleading for purposes of Judicature Act, 1873...5 of right, remedy against Government department, 18 pleading no longer technical, 47 petition, includes, under Judicature Act, 1873. ..5 "Pollock's Act," 1842. ..24 presumption of damage by bankruptcy petition, 13 criminal charge, 13 private right infringed, proof of damage unnecessary, 7 privileged defamatory statements, 12 privilege of diplomatic officers, 19 " proceeding," when it includes " action," 5 public right infringed, particular damage necessary, 9 railway, injury of passenger, tort, 49 loss of goods carried, contract, 49 35 real actions, 32 release of " all actions " and of " all suits," 6 replevin, old form of action, 43 rights, absolute or qualified, 9 salvage, action does not lie against Crown, 17 Qi) scire facias, old writ of, 38 set-ofE against action by Ci'own, 18 claim reduced to £100 by, remission to county court, 48 when treated as an "action," 4 solicitor, agreement to charge nothing for costs, 54 delivery of bill of costs one month before action, 23 mortgage of subject-matter of suit to, 55 specific performance not granted to or against infants, 21 of contracts for sale etc. of foreign land, 51 Statute of Limitations not altered by abolition of old forms of action, 47 statutory remedy, effect of, on right of action, 8 "step in proceedings " under Arbitration Act, 1889. ..453

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" suit," 3

summons, writ of, 45 surgeon, old form of action

against, 37, 39

suspension of right of action, 27 convicts, 29 felonious torts, 27 29

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