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As used in this title, the term:

  1. “Action” means the judicial means of enforcing a right.
  2. “Civil action” means an action founded on private rights, arising either from contract or tort.
  3. “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 .