Legal Term: WRIT OF TRESPASS ON THE CASE,

Definition: d 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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