As used in this title, the term:
- “Action” means the judicial means of enforcing a right.
- “Civil action” means an action founded on private rights, arising either from contract or tort.
- “Penal action” means an action allowed in pursuance of public justice under particular laws.
History. Orig. Code 1863, §§ 3175, 3177, 3178; Code 1868, §§ 3186, 3188, 3189; Code 1873, §§ 3251, 3253, 3254; Code 1882, §§ 3251, 3253, 3254; Civil Code 1895, §§ 4930, 4932, 4933; Civil Code 1910, §§ 5507, 5509, 5510; Code 1933, §§ 3-101, 3-102, 3-103.
Cross references.
Status of “civil action” as single form of action for purposes of Civil Practice Act, § 9-11-2 .
For corresponding provision relating to criminal procedure, § 17-1-2 .