species of private action of very substantial application, usually called "trespass from the instance," or just "case," from circumstance associated with the plaintiff's whole situation or reason behind complaint becoming established at length in original writ by which previously it absolutely was always commenced. 3 Bl. Comm. 122. Mobile Phone L. Ins. Co. v. Randall, 74 Ala. 170; Cramer v. Fry (C. C.) 08 Fed. 201; Sharp v. Curtiss, 15 Conn. 520; Wallace v. Wilmington & N. R. Co., 8 lloust (Del.) 529, 18 Atl. 818.