The Principles of Pleading in Civil Actions (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880. Excerpt: ... CHAPTER n. THE PROCEEDINGS IN AN ACTION, PROM ITS COMMENCEMENT TO ITS TERMINATION. Actions are commonly divided into criminal, or such as concern pleas of the crown, and civil, or such as concern common pleas. Civil actions are again divided into real, personal, and mixed. In a real action, the proceedings are in rem, for the recovery of real property only; in a personal action, they are in personam, for the recovery of specific chattels, or of some pecuniary satisfaction or recompense; and in a mixed action, they are in rein et personam, for the recovery of real property and damages for withholding it.1 Real actions are those brought for specific recovery of lands, tenements, or hereditaments. Personal actions are those brought for specific recovery of goods and chattels, or for damages, or other redress, for breach of contract, or other injuries, of whatever description, the specific recovery of lands, tenements, and hereditaments only excepted. Mixed actions are such as appertain, in some degree, to both the former classes, and, therefore, are properly reducible to neither of them; being brought both for specific recovery of lands, tenements, or hereditaments, and for damages l Co. Litt. 284 b. 1 Tidd, 1, 9th ed. for injury sustained in respect of such property. But, the learning which relates to this ancient division of legal remedies has lost much of its importance in consequence of various statutes by which most of the real and mixed actions have been abolished, and by which the procedure in those which still remain is assimilated to the procedure in ordinary actions.1 Anciently, it was essential to the due institution of all actions in the three superior courts at Westminster, --the Queen's Bench, the Common Pleas,2 and the Exchequer, --that they sho.