Assumpsit
The action of assumpsit was an offshoot of the action of trespass on the case. Assumpsit was founded upon a breach of an express or implied contract or undertaking to pay money or perform an act for a valuable consideration. The promise might be written (but not a sealed contract or a judicial record) or verbal. The action sought damages for violation of the contract terms. Promissory notes, bills of exchange, insurance policies, and mutual promises (as to sell real property or to marry) are examples of contracts upon which an action of assumpsit could be brought. Assumpsit was the ordinary form of action to recover money due for goods or services, or to recover money loaned. Formula in plaintiff's declaration: "Plea of trespass on the case upon promises."
Personal Actions
(ex delicto, "arising from tort")
Trespass
The action of trespass was based upon a direct, immediate injury to a person or to real or movable property through force, actual or implied in the act. There were three main varieties of trespass: 1) Trespass vi et armis ("by force and arms") covered personal injuries suffered by assault, battery, mayhem, or false imprisonment. This form of trespass also could be brought for physical injuries to a plaintiff's wife, child, or servant. 2) Trespass quare clausum fregit ("wherefore he broke into the enclosure," i.e. fenced land) covered forcible injuries to real property, including buildings and growing crops. This form of action was considered one of the "mixed" actions if during pleading the title to the property came into dispute. 3) Trespass upon personal property was a legal remedy for forcible injury to goods or chattels, that is when they were damaged, destroyed, or carried away. (In the last situation the actiOn was called trespass de bonis asportatis, "for goods carried away.") Formula in plaintiff's declaration: "Plea of trespass (variety specified)".
Trespass on the Case
This form of action, usually known as case, was the general remedy when no other action fit the circumstances of a plaintiff's injury. Case involved a nonforcible, indirect injury to the plaintiff's character, health, quiet, or safety; to personal rights; or to movable property. While breach of contract was not grounds for an action of trespass on the case, the action could be based on injuries indirectly resulting from performance or non-performance of a contract. Many types of legal wrongs were covered by case. Injuries to character or reputation included slander and libel. An injury to safety was malicious prosecution, either civil or criminal. Injuries to health and quiet were embraced by the concept of nuisance, for which there was also a little-used mixed action. Injuries to personal rights were the most nebulous of
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all. They embraced any act not immediately but consequently injurious to a person's rights. Examples were negligence in performing the terms of a contract, seduction of one's wife or daughter, deceitful sale of damaged property or pretended services, and so on. An action of trespass on the case was also a statutory remedy. Whenever no specific penalty was prescribed for violating an act of the Legislature, trespass on the case was the appropriate form of action to recover damages. The distinction between trespass (immediate, forcible injury) and trespass on the case (consequential, nonforcible injury) remained subtle. The Revised Statutes of 1829 permitted plaintiffs to employ trespass on the case instead of trespass, if they chose. Formula in plaintiff's declaration: "Plea of trespass on the case".
Detinue
This form of action was similar to debt except that it was brought to recover movable property (or its value) detained unlawfully by one who had obtained temporary, lawful possession by some contract. The plaintiff also demanded damages for the detention. Replevin was the action more commonly used to recover chattels. Detinue was abolished by the Revised Statutes of 1829. Formula in plaintiff's declaration: "Plea that (defendant) render to (plaintiff) certain goods and chattels to the value of (sum in dollars) which he unjustly detains from him."
Replevin
This form of action was originally employed to recover, possession of movable property that had been seized (distrained) by another person as a pledge for performance of an obligation (such as payment of rent). Money damages were also demanded. The action was commenced either by writ of replevin or by what was termed a plaint (complaint). (The plaint was abolished by the Revised Statutes of 1829.) The writ commanded the sheriff to seize the property and return it to the plaintiff (who had to give security to the sheriff), and also to summon the defendant to appear in court and answer the plaintiff's demand. After detinue was abolished replevin was extended to all cases formerly covered by that action, i.e. wrongful
detention of movable property. See J0030 Writs of Replevin. Formula in plaintiff's declaration: "Plea wherefore (defendant) took certain goods" (or "unjustly detains").
Trover
The action of trover was a variety of trespass on the case. The plaintiff sought money damages for the value of movable property alleged to have been found by the defendant and unlawfully converted to his use. The "finding" of the goods was a fiction and the real grounds for the action was the wrongful conversion. Formula in plaintiff's declaration: "Plea of trespass on the case ..." (The declaration goes on to state that the plaintiff "casually lost" certain movable property, which "came into the possession (of the defendant) by finding".)
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