Vallejo in 1847 instituted an action of trespass against Armijo.
2.
The Court affirmed a judgement for the plaintiff on a cause of action of trespass.
3.
Every action of trespass with a " per quod " includes an action on the case.
4.
The English Judicature Act passed 1873 through 1875 abolished the separate actions of trespass and trespass on the case.
5.
{{ cquote | I am of opinion that an action of trespass does not lie for the plaintiff against the defendant on this Case.
6.
The bailee had three courses of action : ( 1 ) the appeal of larceny; ( 2 ) the action of trespass; ( 3 ) the action of detinue.
7.
Thus, proof that the act or omission was unintended was no defense to an action of trespass " vi et armis " and the liable party would pay for all consequent damages.
8.
I take the settled distinction to be that, where the injury is immediate, an action of trespass will lie; where it is only consequential, it must be an action on the Case . . ..
9.
Vinelott J also reasoned that the grounds to which the courts have hitherto refused to exercise jurisdiction in actions of trespass to land situated abroad was substantial and not technical, and that the distinction was not accordingly affected by the Judicature Acts.
10.
During the fifteenth century the plea of " detinue sur trover " gave rise to a special form of action of detinue, which came to be distinguished from the action of trespass on the case and its companion, trespass on the case sur trover.