of B, an "execution" or order
is issued by the court directing the sheriff to levy on A's property,
whatever he may have, save a small sum, household furniture and the
like, and sell it and turn over the proceeds to B in payment of his
debt. If there was a balance left from the sale of A's property after
satisfying the judgment of the court and the costs of the legal
proceedings, it would be paid to A. This, in fewest words, is the mode
of proceeding in a court of law to obtain redress in a civil suit or
action.
There are several kinds of actions or remedies used in different cases
and these will now be explained. First, is the action of assumpsit.
This is the form of action used whenever one sues to recover on all
kinds of promises, those implied by the law as well as express
promises, not under seal. They include all ordinary promises to do
things either orally or in writing. Next, is the action of covenant.
This is used whenever one sues to recover for some failure on the part
of a person who has given a deed or other sealed writing. Suppose the
purchaser of land discovered there was an unpaid mortgage thereon,
though the deed covenants or declares that it is free from all
encumbrances. The vendee or purchaser would sue to recover for a
broken covenant. Another action is replevin which is used to recover
specific goods. Suppose someone had taken my horse and refused to
deliver the animal to me. The proper remedy would be replevin. Suppose
I did not wish to have the horse back, but only its value or worth.
Then the proper remedy would be an action of trover. Another form of
action in much use is called trespass. This is used to recover
damages for injuries to persons and property. If a person knocked me
down and I sued him to recover for the injury, trespass would be the
proper form of action. In many states an action in tort instead of
trespass is the proper remedy. If one should come upon my land and
take away wood, grass, stone, or in any way injure it, trespass also
would be the form of action. Ejectment is the action employed to eject
or turn out a wrongful possessor and recover possession of land. In
this action the title or ownership of the land lies at the foundation;
and the title to many a piece has been settled in an action of
ejectment. One of the most familiar actions is habeas corpus, which is
employed to recover a person's liberty from illegal restraint. As the
actions of slander and libel have been d
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