from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
CIRCUITY OFACTION, practice, remedies. It is where a party, by bringing an
action, gives an action to the defendant against him.
2. As, supposing the obligee of a bond covenanted that he would not sue
on it; if he were to sue he would give an. action against himself to the
defendant for a breach of his covenant. The courts prevent such circuitous
actions, for it is a maxim of law, so to judge of contracts as to prevent a
multiplicity of actions; and in the case just put, they would hold that the
covenant not to sue operated as a release. 1 T. R. 441. It is a favorite
object of courts of equity to prevent a multiplicity of actions. 4 Cowen,
682.