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Deliverable - Law Dictionary Search Results

Home Dictionary Name: deliverable

Deliverance, second, writ of

Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....


Deliverable state

Deliverable state, goods are said to be in a 'deliverable state' when they are in such state the buyer would under the contract be bound to take delivery of them [Sale of Goods Act, 1930 (3 of 1930), s. 2(3)]...


Gager de deliverance

Gager de deliverance, when he who has distrained, being sued, has not delivered the cattle distrained; then he shall not only avow the distress, but gager deliverance, i.e., put in surety or pledge that he will deliver them, Fitz. NB 67...


Deliverance

The act of delivering or freeing from restraint captivity peril and the like rescue as the deliverance of a captive...


Second deliverance, Writ of

Second deliverance, Writ of, a judicial writ that lies, after a non suit of the plaintiff in replevin, and a retorno habendo of the cattle replevied, adjudged to him that distrained them, commanding the sheriff to replevy the same cattle again, upon security given by the plaintiff in the replevin for the re-delivery of them if the distress be justified. It is a second writ of replevin, and is practically obsolete, Fitz. N.B. 68...


acquittal

acquittal 1 : release or discharge from debt or other liability 2 : a setting free or deliverance from the charge of an offense by verdict of a jury, judgment of a court, or other legal process see also implied acquittal judgment of acquittal at judgment compare conviction ...


holder

holder 1 : a person that holds: as a : owner [the of a patent] often used in combination [a stockholder] b : one that holds or occupies the property of another by agreement and esp. under a lease 2 a : a person who under the Uniform Commercial Code is in possession of a negotiable instrument that names and is made payable to the possessor or that is payable to bearer b : a person under the U.C.C. in possession of goods named in a document of title if the goods are deliverable to bearer or to the order of the possessor 3 in the civil law of Louisiana : an individual (as a trustee or debtor) or legal or commercial entity that under the Civil Code's provisions for disposition of unclaimed property is in possession of property belonging to another ...


Church

To bless according to a prescribed form or to unite with in publicly returning thanks in church as after deliverance from the dangers of childbirth as the churching of women...


Deliverable

Capable of being or about to be delivered necessary to be delivered...


Deliverer

One who delivers or rescues a preserver...


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