Amicable Action

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Amicable Action

An action commenced and maintained by the mutual consent and arrangement of the parties to obtain a judgment of a court on a doubtful Question of Law that is based upon facts that both parties accept as being correct and complete.

The action is considered amicable because there is no dispute as to the facts but only as to the conclusions of law that a judge can reach from consideration of the facts. An amicable action is considered a Justiciable controversy because there is a real and substantive disagreement between the parties as to the appropriate relief to be granted by the court.

Other names for an amicable action are a case agreed on, a case stated, or a friendly suit.

AMICABLE ACTION, Pennsylvania practice. An action entered by agreement of parties on the dockets of the courts; when entered, such action is considered as if it, had been adversely commenced, and the defendant had been regularly summoned. An amicable action may be entered by attorney, independently of the provisions of the act of 1866. 8 Er & R. 567.