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Other Remedies Are Ap Plied Through the Instrumentality of Courts


OTHER REMEDIES ARE AP PLIED THROUGH THE INSTRUMENTALITY OF COURTS. Where for the redress of an injury there is required the concurrence of the act of the party- or parties, and the operation of law, courts are required.

A court is an institution of the state the pur pose of which is to ascertain facts material to the con troverted rights of parties, and to pronounce the legal effect of those rights.

The interposition of the court or courts is secured by means of an action or suit, which is "nothing else but the demand of right", or a proceeding by which is sought the decision of the court of justice upon a right litigated between the parties.

The act of at least one of the parties litigant is re quired to set the law in motion, and the process of the law is usually the only instrument whereby the parties are able to secure certain and adequate redress of in juries. Even where the law allows an extra judicial remedy, the ordinary remedy awarded by the court is not excluded.