In Action

Concept of In Action

Traditional meaning of in action [1] in the English common law history: Recoverable by action; not in possession. In bank, banc: a full court; all the judges; Full Bench, q.v. In blank: an indorsement simply of the indorser’s name, without restricting it to any indorsee, whereby the note becomes payable to bearer. In chief: 1. Tenure in capite, directly of the chief lord or of the Crown, is so called. 2. The first examination of a witness, before the cross-examination. In mercy: a phrase in the record of old judgments, denoting that the defendant was in mercy of the King, liable to amerciament, for his delay; or the plaintiff and his pledges, pro falso clamore suo, for his false claim. In prender: in taking, a term applied to such incorporeal hereditaments as the person might take for himself, in distinction from such as were in render, in yielding or paying, which the party liable, or the tenant, had to offer. [rtbs name=”history-of-english-law”]

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Notes and References

1. Based on A concise law dictionary of words, phrases and maxims, “In Action”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included In Action.

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