Replevy - Law Dictionary Search Results
Home Dictionary Name: replevyreplevy
replevy pl: re·plev·ies : replevin vt re·plev·ied re·plevy·ing [probably from Anglo-French replevi, past participle of replevir to give security, from Old French, to give security for, from re- back + plevir to pledge] : to take or get back by replevin re·plev·i·able [ri-ple-vē-ə-bəl] adj ...
Repleviable, or Replevisable
Repleviable, or Replevisable, that which may be taken back or replevied....
Repleviable
Capable of being replevied...
Replevy
To take or get back by a writ for that purpose goods and chattels wrongfully taken or detained upon giving security to try the right to them in a suit at law and if that should be determined against the plaintiff to return the property replevied...
Replevy, or Replevish
Replevy, or Replevish, to let one to mainprise on surety; also to re-deliver goods which have been distrained to their owner, upon his giving pledges in an action of replevin. See last title....
Replevin
Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a re-delivery to the owner of the pledge or thing taken in distress. It is re-delivered to him by the registrar of the county court of the district within which it was taken, upon his undertaking and giving security to try the validity of the distress or taking, in an action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep it in distraint subject to the law of distress.It is a general rule that whoever brings replevin ought to ha...
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...
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...
replevin
replevin [Anglo-French replevine, from replevir to give security, from Old French, to give security for, from re- back + plevir to pledge] : an action originating in common law and now largely codified by which a plaintiff having a right in personal property claimed to be wrongfully taken or detained by the defendant seeks to recover possession of the property and sometimes to obtain damages for the wrongful detention ;also : a procedure allowing the plaintiff as a provisional remedy to take possession of the property prior to judgment on the action NOTE: Under section 2-716 of the Uniform Commercial Code, a buyer who is a party to a contract that has been breached by the seller has a right of replevin for goods that are identified to the contract if cover cannot reasonably be effected. vt : replevy ...
Irrepleviable
Not capable of being replevied...
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