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ment of one, for whom another, at his request, has expended money without himself receiving valuable consideration for it, to pay it to that other on demand; (5) The contract of money lent and advanced, or the implied agreement of one, to whom another has loaned money, to pay it to that other on demand; (6) The contract on account stated, or the implied agreement of two merchants, who have adjusted their accounts with each other, that the balance due from either to the other shall be paid upon demand; (7) The contract for fidelity and skill, or the implied agreement of one, who undertakes to perform any service for another, that he will discharge his duties with the requisite diligence and skill, and the implied agreement of all contracting parties that fairness and honesty shall be observed between them.

Read 3 Bl. Comm., pp. 157-166.

Bac. Abr., Assumpsit.

1 Chitty Pl., pp. 98-108.

2 Greenleaf Ev., §§ 101-136 a.

§ 263. Of Debt.

Debt is an action brought to recover a specific sum of money, due and owing by one man to another. This action will lie whenever, by any contract, whether under seal or not and whether express or implied, a certain sum of money has become due and payable. It also lies upon judgments and records, to recover the amount due thereon.

Read 3 Bl. Comm., pp. 154, 155.

Bac. Abr., Debt.

1 Chitty Pl., pp. 109-115.

2 Greenleaf Ev., §§ 279–292.

§ 264. Of Covenant.

Covenant is an action brought to recover damages for the breach of a contract under seal. In cases where, by such breach, a specific and ascertained, or liquidated, sum becomes due as damages, covenant is a concurrent remedy with debt. In cases where such damages are unliquidated, covenant is the only remedy.

Read 3 Bl. Comm., pp. 155-157.

Bac. Abr., Covenant.

1 Chitty Pl., pp. 115-120.

2 Greenleaf Ev., §§ 233–247.

§ 265. Of Account.

In addition to the ordinary common law actions, there are certain special actions, which are intended to apply to certain special cases, or to supplement and enforce the remedies already mentioned. These are the following: Account; Scire Facias; and Foreign Attachment or Garnishment. Account is an action brought by a principal against his agent, or by one copartner against another, or by a ward against a guardian, to compel him to account for money or property intrusted to his care.

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Scire facias is an action brought upon some record, as a judgment or recognizance, to compel a party, interested in such record, to show cause why the mandate of the record should not be fulfilled or vacated.

Read 3 Bl. Comm., pp. 416, 421.

Bac. Abr., Scire Facias.

2 Tidd Prac., pp. 1139–1187.

§ 267. Of Foreign Attachment.

Foreign attachment or Garnishment is an action brought to compel a debtor of the plaintiff's debtor to pay to the plaintiff so much of the debt, due to the plaintiff's debtor, as will satisfy the plaintiff's claim.

Read Com. Dig., Attachment.

Drake Attachment, §§ 450-723.

§ 268. Of Mandamus.

Finally, there is a class of legal remedies known as Prerogative Writs, extraordinary in their character, and designed to afford peremptory relief in cases where no action could give adequate redress. These are the following: The Writ of Mandamus; The Writ of Prohibition; The Writ of Quo Warranto; and The Writ of Habeas Corpus. These four great writs issue either upon the application of the counsel for the government or the party aggrieved, and compliance with the orders contained therein may be enforced, if necessary, by fine and imprisonment. The Writ of Mandamus is an order issued by some superior court to an inferior court, or to a corporation, or to an officer, commanding such court, corporation, or officer to discharge some legal duty.

Read 3 Bl. Comm., pp. 110, 111, 264, 265.

Bac. Abr., Mandamus.

2 Addison Torts, §§ 1481-1523.
High Ex. Leg. Rem., Part i.
Moses Mandamus, Ch. i, ii.

§ 269. Of Prohibition.

The Writ of Prohibition is an order issued by a superior court to an inferior court, forbidding it further to take cognizance of a given action, then pending before such infe

rior court, but either beyond its jurisdiction, or proceeded with in an improper manner.

Read 3 Bl. Comm., pp. 111-114.

Bac. Abr., Prohibition.

2 Addison Torts, §§ 1453-1465.

High Ex. Leg. Rem., Part ii, Ch. xxi.

§ 270. Of Quo Warranto.

The Writ of Quo Warranto is an order issued by a supe rior court, requiring a person or corporation to show by what authority it discharges certain duties, or enjoys certain franchises.

Read 3 Bl. Comm., pp. 262-264.

Com. Dig., Quo Warranto.

High Ex. Leg. Rem., Part ii, Ch. xiii-xx.

§ 271. Of Habeas Corpus.

The Writ of Habeas Corpus is an order issued by a court, directing a person in confinement to be brought before it, that the legality of the confinement may be determined.

Read 3 Bl. Comm., pp. 129-137.
Bac. Abr., Habeas Corpus.
Com. Dig., Habeas Corpus.

Hurd Hab. Corp., B. ii

CHAPTER V.

OF THE PROCEEDINGS IN AN ACTION AT LAW.

§ 272. Of the Courts of Law and Equity.

(An action is the pursuit of a legal remedy in a court of justice. A court is a place where justice is judicially administered. In a court of law, justice is judicially administered according to the principles and forms of law.) In a court of equity, justice is judicially administered according to the principles and forms of equity. Courts of law and courts of equity thus differ from each other, not only in regard to the nature of the remedies they offer for the prevention or redress of wrongs, but in the forms of procedure by which those remedies are practically applied. Read 3 Bl. Comm., pp. 23–25, 429–439. 1 Story Eq. Jur., §§ 1-37.

Pomeroy Mun. Law, §§ 40-43, 140-167, 218-233.

§ 273. Of Judges, Clerks, Sheriffs, and Juries.

A court of law is composed of one or more judges, clerks, a sheriff, and sometimes a jury, sitting for the transaction of judicial business, in the place, time, and manner prescribed by law. It is the duty of the judge to preside over and direct all the proceedings of the court, and to decide all questions of law arising in the course of such proceedings. It is the duty of the clerks to make and preserve true and complete records of the proceedings of the court, and to perform such ministerial functions as the

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