Definition of CIRCUITY OFACTION


CIRCUITY OFACTION

practice, remedies. It is where a party, by bringing
an action, gives an action to the defendant against him.

2. As, supposing the obligee of a bond covenanted that he would not sue
on it; if he were to sue he would give an. action against himself to the
defendant for a breach of his covenant. The courts prevent such circuitous
actions, for it is a maxim of law, so to judge of contracts as to prevent
a multiplicity of actions; and in the case just put, they would hold that
the covenant not to sue operated as a release. 1 T. R. 441. It is a favorite
object of courts of equity to prevent a multiplicity of actions. 4 Cowen,
682.

Source: Bouviers Law Dictionary 1856 Edition

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