circuity ofaction

1 definition found

circuity ofaction - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  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.