WRIT OF TRESPASS ON THE CASE
(bouvier) | WRIT OF TRESPASS ON THE CASE, practice. A writ which lies where a party sues
for damages for any wrong or cause of complaint to which covenant or
trespass will not apply. See 3 Woodes. 167; Steph. Pl. 15.
2. This action originates in the power given by the statute of Westm.
2, to the clerks of chancery to frame new writs in consimili casu with writs
already known. Under this power they constructed many writs for different
injuries, which were considered as in consimili casu, with, that is, to bear
a certain analogy to a trespass. The new writs invented for the cases
supposed to bear such analogy, have received, accordingly, the appellation
of writs of trespass on the case, as being founded on the particular
circumstances of the case thus requiring a remedy, and, to distinguish them
from the old writ of trespass; 3 Reeves, 89, 243, 391; and the injuries
themselves, which are the subjects of such writs, are not called trespasses,
but have the general name of torts, wrong or grievances.
3. The writs of trespass on the case, though invented thus, pro re
nata, in various forms, according to the nature of the different wrongs
which respectively called them forth began nevertheless, to be viewed as
constituting collectively a new individual form of action; and this new
genus took its place, by the name of Trespass on the case, among the more
ancient actions of debt, covenant, trespass, &c. Such being the nature of
this action, it comprises, of course, many different species. There are two,
however, of more frequent use than any other species of trespass on the
case, or, perhaps, than any other firm of action whatever. These are
assumpsit and trover. Steph. Pl. 15, 16.
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