WRIT1 OF TRESPASS2, practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible3 and corporeal4 property. See Trespass.
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 covenant6 or trespass will not apply. See 3 Woodd. 167; Steph. Pl. 15.
2. This action originates in the power given by the statute7 of Westm. 2, to the clerks of chancery to frame new writs8 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 appellation9 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 trespasses10, but have the general name of torts, wrong or grievances11.
3. The writs of trespass on the case, though invented thus, pro5 re nata, in various forms, according to the nature of the different wrongs which respectively called them forth12 began nevertheless, to be viewed as constituting collectively a new inpidual 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.
WRIT OF TOLT, Eng. law. The name of a writ to remove proceedings13 on a writ of right patent from the court baron14 into the county court. 3 Bl. Commen-taries, App. No. 1, 2.
