writ of trespass on the case

WRIT OF TRESPASS ON THE CASE, practice. A writ which lies where a party sues 
for damages for any wrong or cause of complaint to which covenant or 
trespass will not apply. See 3 Woodes. 167; Steph. Pl. 15. 
     2. This action originates in the power given by the statute of Westm. 
2, to the clerks of chancery to frame new writs in consimili casu with writs 
already known. Under this power they constructed many writs for different 
injuries, which were considered as in consimili casu, with, that is, to bear 
a certain analogy to a trespass. The new writs invented for the cases 
supposed to bear such analogy, have received, accordingly, the appellation 
of writs of trespass on the case, as being founded on the particular 
circumstances of the case thus requiring a remedy, and, to distinguish them 
from the old writ of trespass; 3 Reeves, 89, 243, 391; and the injuries 
themselves, which are the subjects of such writs, are not called trespasses, 
but have the general name of torts, wrong or grievances. 
     3. The writs of trespass on the case, though invented thus, pro re 
nata, in various forms, according to the nature of the different wrongs 
which respectively called them forth began nevertheless, to be viewed as 
constituting collectively a new individual form of action; and this new 
genus took its place, by the name of Trespass on the case, among the more 
ancient actions of debt, covenant, trespass, &c. Such being the nature of 
this action, it comprises, of course, many different species. There are two, 
however, of more frequent use than any other species of trespass on the 
case, or, perhaps, than any other firm of action whatever. These are 
assumpsit and trover. Steph. Pl. 15, 16.