Replevin Bond - Law Dictionary Search Results

Home Dictionary Name: replevin bond

bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...

Capias in withernam

Capias in withernam (that you take by way of reprisals). If the goods before an action of replevin had been concealed, so that the sheriff could not replevy them, then, upon plaint being levied in the County court by the plaintiff, the plaintiff might issue this writ directing the sheriff to take goods or cattle of the defendant, to the value of those taken by him, and deliver them to the plaintiff, who gave a bond with sureties, conditioned to prosecute his suit and to return the goods, etc., so to be delivered to him, if a return of them should be afterwards adjudged. Goods taken in withernam could not be replevied till the original distress was forthcoming.Also, after verdict and judgment for defendant in replevin, and the usual writ of execution de retorno habendo had been sued out, to which the sheriff had returned that the goods, etc., were concealed or eloigned, i.e., conveyed to places unknown to him, so that he could not execute the writ, the defendant might then sue out a api...

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