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Replevin
was set forth, as in a statement of claim, the nature and merits of the defendant's case, to show that the distress taken by him was lawful, and to entitle him to a judgment de retorno habendo. … it was against both, the one avowed and the other made cognizance. The action of replevin is now rarely brought, it being usually more convenient to sue for damages for illegal distress. Consult Bullen and Leake, Prec.
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