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"replevin" Definitions
  1. an action originating in common law and now largely codified by which a plaintiff having a right in personal property which is 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
  2. REPLEVY

86 Sentences With "replevin"

How to use replevin in a sentence? Find typical usage patterns (collocations)/phrases/context for "replevin" and check conjugation/comparative form for "replevin". Mastering all the usages of "replevin" from sentence examples published by news publications.

Replevin discusses the connection between gas, chaos, and Akasha, a Hindu concept analogous to Aether.
In 1856, Mennie v. Blake summarized the law of replevin by stating, "... it seems clear that replevin is not maintainable unless in a case in which there has been first a taking out of the possession of the owner. This stands upon authority and the reason of the thing". The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin.
At Chunxton Crescent, Lew Basnight confers with breakfasting Police Inspector Vance Aychrome who suspects one Lamont Replevin of sending encrypted messages through gas lines. Lew heads to the suburb of Stuffed Edge to pursue Replevin who is believed to possess a map of Shambhala. He finds Replevin hanging from the ceiling by one foot, breathing in gas from his oven. Lew pretends to be an insurance salesman and takes pictures of Replevin's map and statues.
During the seventeenth and eighteenth centuries the action of trover largely replaced trespass for wrongful distress. Replevin and trover never completely coincided, because there was a limitation on replevin. Replevin remains the modern action, albeit defined by statute, for recovery of chattels pending a decision of the right of possession. It lies only where the possession was taken from the plaintiff, whether under colour of legal process or otherwise, by an act having the nature of a trespass.
In such cases, the utility could seek replevin for the utility meter itself, thereby preventing this practice.
The action in replevin began to appear in the thirteenth century. It seems clear that originally the action of replevin lay simply where the question to be determined was that of wrongful distress. Excess and abuse of distress was punished.Year Book 32 Edward IYear Book 33 Edward I p.
66 Am. Jur. 2nd "Replevin" § 160 The gist of an action in detinue is that the defendant is wrongfully in possession of personal property which belongs to the plaintiff Gary Acceptance Corp. v. Napillo, 86 Ill App. 2nd 257, 230 NE 2nd 73 whereas replevin lies only where there has been a wrongful taking or seizure of the property.66 Am. Jur. 2nd "Replevin" §§ 5 and 160 Detinue is distinguished from common-law trover which is for the recovery of damages for the wrongful conversion of personal property.66 Am. Jur.
Art brings an action for replevin against Burt, seeking to recover a bicycle. In support for the action, Art presents evidence that Cathy is in fact the true owner of the bicycle in question, not Burt. A US court would reject Art’s jus tertii argument for replevin because he has failed to show that he has a more legitimate interest in the bike than Burt.
2nd "Replevin" § 16018 Am. Jur. 2nd "Conversion" § 1 In modern practice, detinue has been superseded almost entirely by statutory actions for the recovery of personal property.Small v.
197 During the seventeenth and eighteenth centuries the action of trover also arose, which largely replaced that of trespass in the matter of wrongful distress. Replevin and trover never completely coincided, because there was a limitation on replevin. Until the Common Law Procedure Act 1854 came into effect in England and Wales, a defendant was able to exercise an option of paying damages instead of restoring the actual goods.Common Law Procedure Act 1854, s.
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
In many cases, parties initiating a replevin action will elect not to gain immediate possession of the collateral or other wrongfully-held property and will instead file the replevin action without posting a bond. Once service of process is achieved, the defendant will likely be required to attend a court hearing on a specific date, then the parties' rights to possession will be adjudicated. A plaintiff creditor can typically prevail in the case by offering testimony and business records showing the borrower/defendant's obligation to pay, and default in payment. The Court will thereafter issue a judgment and authorize issuance of a writ of replevin, which is served by a sheriff's deputy, working in conjunction with persons hired or employed by the creditor to take the collateral or other property into its possession.
Replevin is used when the party having the right of property cannot simply invoke self-help and take the property back. If the party has the ability to do so directly, the action is referred to as repossession. For example, in the states of Wisconsin and Louisiana, if a person who finances an automobile, becomes a registered owner of that vehicle and fails to make payments as agreed, the lienholder cannot simply repossess the vehicle. The lienholder must go to court and obtain an order of replevin.
One of the oldest actions in the royal courts was replevin which had its roots in the law of customary courts. Strictly speaking, replevin in its original form was a provisional remedy. Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law. No doubt, it was designed to avoid quarrels likely to cause a breach of the peace pending a settlement of the dispute about the right to possession.
78, discussed at Section 65 of the Tribunals, Courts and Enforcement Act 2007 made provision for the common law rules governing replevin in England and Wales to be replaced, although this provision did not become effective until 6 April 2014.
Examples of judicial bonds include appeal bonds,Rendleman D. (2006). "A Cap on the Defendant's Appeal Bond?: Punitive Damages Tort Reform". Washington & Lee University School of Law supersedeas bonds, attachment bonds, replevin bonds, injunction bonds, mechanic's lien bonds, and bail bonds.
In the United States, detinue is a possessory action having for its object the recovery of specific personal property and damages for its detention.Wallace v. Cox, 100 Neb 601, 160 NW 992 At common law an action of detinue would lie for the recovery of specific personal property unlawfully detained, or its value, and for damages for its detention.McFadden v. Crawford, 36 W. Va. 671, 15 SE 408 Detinue differs from replevin in that possession of the chattel in controversy is not changed until after the judgment in detinue, whereas in replevin possession is changed at the beginning of the proceeding.
The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French replevir, derived from plevir ("to pledge"), which is derived from the Latin replegiare ("to redeem a thing taken by another").
It seems clear that originally the action of replevin lay simply where the question to be determined was that of wrongful distress. Excess and abuse of distress was punished.Year Book 32 Edward IYear Book 33 Edward I p. 5452 Henry III (1267), cc.
The Assembly passed a law of replevin that was extremely favorable to debtors. Disgruntled creditors challenged the constitutionality of the law, appealing their case to the Court of Appeals. The court opined in favor of the creditors. Attempts to remove the anti-relief justices failed.
VanBurkleo, pp. 693-694 They also repealed the replevin law that had touched off the controversy. On January 1, 1827, Francis Blair returned the court records in his possession to the Old Court. Old Court chief justice John Boyle resigned to accept a federal judgeship.
29 It was also held that replevin could be used in place of the writ of trespass de bonis aspotatis (trespass by the asportation of goods). In reality, there is little evidence this substitution ever occurred with any frequency, if at all.Ames, Lectt., p.
One of the oldest actions in the royal courts, replevin had its roots in the law of customary courts, and its formal origin can be attributed to Glanvil, Chief Justiciar of England during the reign of Henry II (1154–1189). Strictly speaking, replevin in its original form was a provisional remedy. Its provision was to procure for the plaintiff the return of chattels taken out of his possession until the right to their possession could be decided by a court of law. No doubt, it was designed to avoid quarrels likely to cause a breach of the peace pending a settlement of the dispute about the right to possession.
In the case of Mitchell v. Georgia & A. R. Co.Mitchell v. Georgia & A. R. Co., 111 Ga. 760, 36 SE 971 it was noted that where action in trover is allowed by statute, and defined by such, it necessarily includes all three actions of trover, detinue and replevin.
American Tobacco Co. v. Werckmeister, 207 U.S. 284 (1907), was a United States Supreme Court case in which the Court held the seizure by the United States marshal in a copyright case of certain pictures under a writ of replevin did not constitute an unreasonable search and seizure..
The District Court of Maryland for Talbot County District Courthouse is located in Easton, Maryland. Jurisdiction of the District Court includes most landlord- tenant cases, small claims for amounts up to $5,000, replevin actions, motor vehicle violations, misdemeanors, certain felonies, and peace and protective orde with one judge, Hugh Adkins, presiding.
Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights. In a case in which immediate possession of property is sought, the petitioning creditor is often required to post a bond to protect the defendant against wrongful detention. That approach can be a very powerful weapon in a case of someone holding property wrongly because it deprives the holder of the use of the property while the case is awaiting trial, thereby putting pressure on the holder to settle the matter quickly. This replevin process falls into two stages: #the replevy, the steps that the owner takes to secure the physical possession of the goods, by giving security for prosecuting the action and for the return of the goods if the case goes against him and #the action (suit) of replevin itself (at common law, the ordinary action for the recovery of goods wrongfully taken would be one of detinue; but no means of immediate recovery liable to be seized).
490Ames Harv. L. Rev. iii, 33 Sir William Holdsworth described trover as an extension of detinue, which enabled not only a bailor and a dispossessed owner, but also a third person, to whose use goods had been bailed, to get full recognition of their interests. In colonial America, replevin was used more often than detinue.
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin).
29 It was also held that replevin could be used in place of the writ of trespass de bonis aspotatis (trespass by the asportation of goods). In reality, there is little evidence this substitution ever occurred with any frequency, if at all., at fn. 2 The rule involved interference with the possession of a chattel by the rightful owner.
Klotter in The Breckinridges of Kentucky, p. 44–45 The most politically charged issue in Kentucky during Breckinridge's campaign, however, was the Old Court-New Court controversy. The Panic of 1819 had left many Kentuckians in dire financial straits. Legislators sought to relieve some of the financial burden by passing a law of replevin which favored debtors.
In Tinker v Poole , Lord Mansfield overcame the technical objections (traditionally held) that a distress (holding of a chattel to induce an action from the owner) was not a disposition of goods, and that trover could be an alternative to replevin. This was a controversial opinion at the time, and was not necessarily viewed as legitimate stare decisis.
In 1823, Mills and his fellow Court of Appeals justices were ensnared in Kentucky's Old Court – New Court controversy. In response to the Panic of 1819, the Kentucky General Assembly had passed a law of replevin that was extremely favorable to debtors. The law was challenged in two separate cases--Lapsley v. Brashear4 Littell, 66 and Blair v. Williams.
The Supreme Court of the United States later overturned this ruling. A second important decision in which Owsley was a participant was the case of Blair, etc. v. Williams, which invalidated the Kentucky Replevin Act of 1820. This law granted debtors a two- year grace period in repaying their debts unless their creditors would accept notes from the Bank of Kentucky.
The Civil Court has monetary jurisdiction up to $25,000, including replevin when the value of the chattel does not exceed that amount, real property actions such as partitions, and foreclosures within the monetary limit, and also has equity jurisdiction limited to real property actions, ejectment actions, and actions to rescind or reform a contract not involving more than the $25,000 jurisdictional limit.
Whatever the name used, the agency providing court security is often charged with serving legal process and seizing and selling property (e.g., replevin or foreclosure). In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff or constable handles service of process and seizures.
260–1 Friends' Meeting House at Jordans where Penn is buriedIn 1712 Berkeley Codd, Esq. of Sussex County, Delaware disputed some of the rights of Penn's grant from the Duke of York. Some of William Penn's agents hired lawyer Andrew Hamilton to represent the Penn family in this replevin case. Hamilton's success led to an established relationship of goodwill between the Penn family and Andrew Hamilton.
After Latimer's arrest word spread through the black community and a group led by Henry G. Tracy attempted to rescue him. They were unsuccessful. Latimer's lawyer, Samuel Edmund Sewall, then sought a writ of personal replevin from Massachusetts Chief Justice Lemuel Shaw, who was known to have strong anti-slavery views. Sewall argued that Latimer should have the right to have his identity determined by a jury.
One peculiarity of distraint lay in the fact that the distrainor did not get any form of legal possession. The goods and chattels were considered to be in the custody of the law. As a result, there was no taking of possession by the distrainor that was unlawful, since no possession was technically inferred. The action in replevin began to appear in the thirteenth century.
5452 Henry III (1267), cc. 1,2,3,4 The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda - a writ "concerning the proof of ownership." H. E. L., III p.
Among its now repealed chapters are legislation on suits of court, Sheriff's tourns, beaupleader fines,J. R. Tanner ed., The Cambridge Medieval History Vol VI (Cambridge 1929) p.282 real actions, essoins, juries, guardians in socage, amercements for default of summons, pleas of false judgement, replevin, freeholders, resisting the King's officers, the confirmation of charters, wardship, redisseisin, inquest, murder, benefit of clergy, and prelates.
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur. Under United States law, FRCP 64 provides with several types of seizure (e.g. garnishment, replevin, attachment) that a Federal Court may use pursuant to state law. FRCP 65 concerns Temporary Restraining Order (may be made ex parte) and preliminary injunction (requires some hearing).
For example, if a finder discovers a gemstone and in good faith believes it to be abandoned and then cuts it and integrates it into a work of art, the true owner may be limited to recovery of damages for the value of the gemstone but not of the final art piece by way of replevin. The remedies and application of the law vary by legal jurisdiction.
In legal usage, a possessory action may refer to: :An action brought to recover possession of property. :An action to recover possession of real estate, such as ejectment or forcible entry and detainer. :An action to recover possession of personal property, such as replevin. :In Louisiana, an action to recover, maintain, or get into the possession of immovable property or of a right upon or growing out of it.
In 1820, the Debt Relief Party gained majorities in both houses of the General Assembly.Metzmeier, p. 6 On February 11, 1820, the Assembly passed a law of replevin, or "stay law," that prevented creditors from seeking court order for payment of a debt for a period of one year. They hoped that this would provide time for an economic recovery which would allow debtors to save their investments.
The Baltimore City District Courthouses of the District Court of Maryland are located at North Avenue, Wabash Avenue, Patapsco Avenue and E. Fayette Street in Baltimore, Maryland, and serve as the courts of first impression for the majority of residents in Baltimore City. The jurisdiction of the District Court includes most landlord–tenant cases, small claims (amounts up to $5,000), replevin actions, motor vehicle violations, misdemeanors, some felonies, and peace and protective orders.
Shortly after, the proctor seized twenty of the brothers' sheep, but they got replevin and the sheep had to be returned. When the sheep had to be sold the family painted "Tithe" on them, which meant no-one would buy them. On the way to Smithfield market in Dublin no-one would offer any help to the drovers. In Dublin the only bid for them was from the steward of the Rev.
It may have arisen either out of the "appeal of felony", or assize of novel disseisin, or replevin. Later, after the Statute of Westminster 1285, in the 1360s, the "trespass on the case" action arose for when the defendant did not direct force. As its scope increased, it became simply "action on the case". The English Judicature Act passed 1873 through 1875 abolished the separate actions of trespass and trespass on the case.
The District Court of Maryland is a state lower trial court (court of original jurisdiction) in the state of Maryland.Gibbs Smith, Maryland Government (2010), pp. 125, 128, 129, 166 It enjoys limited jurisdiction over "minor issues," including over all landlord-tenant law cases, replevin actions (the recovery or return of wrongfully taken goods), motor vehicle violations, misdemeanors such as disturbing the peace, and certain felonies.State of Maryland, District Court of Maryland The District Court does not conduct jury trials.
"Kentucky Governor John Adair". National Governors Association Legislators also exempted from forced sale the items then considered necessary for making a living —a horse, a plow, a hoe, and an ax. The Kentucky Court of Appeals, then the state's court of last resort, struck down the law ordering a two-year stay of replevin because it impaired the obligation of contracts. At about the same time, the U.S. Supreme Court issued its decision in the case of Green v.
Even when trover was allowed to overlap trespass and replevin, which were concerned with possession, it remained necessary to define conversion, and this extension did not really affect the definition. Conversion became any act on the part of the defendant inconsistent with the plaintiff's right to possession. This right had parts: it had to be (1) absolute and (2) immediate.Kiralfy, 412–3 The medieval conception of wrongs to chattels was based upon a physical interference with possession.
He floated the unmarked log down the river, and it washed up on an island owned by the plaintiff, Deaderick, who then claimed the log as his in trover or replevin. The Tennessee court quoted the English case of Bridges v. HawkesworthBridges v Hawkesworht where the plaintiff, being in the shop of the defendant, picked up a parcel containing bank notes. The defendant, at the request of the finder, took charge of the notes, to hold for the owner.
In 1627 Fowke, after the vote and declaration of the House of Commons against paying tonnage and poundage, persistently refused to pay. He had goods seized to the value of £5,827. In August 1627 and January 1628, for attempting to obtain legal redress, he was imprisoned and lost more merchandise. In the following February he was prosecuted by the Star Chamber for 'pretended riot and seditious words' used by him to the officers sent to execute the replevin.
Deacon Baker, on behalf of the remaining members of the First Church, brought a suit of replevin against Deacon Fales and the breakaway church. During the April term of 1820, they asked a court to order that the records, funds, silver, and other items be returned. At the trial, the members of First Church were represented by Judge John Davis and Jabez Chickering while the breakaway church members were represented by Messrs. Metcalf, Haven, and Prescott.
He was Autumn Reader for the first time in 1542, lecturing on the action of Replevin, unusually using two texts as his source. In 1544-5 he was keeper of the Black Book, which records the proceedings of the governing council. He gave his second reading in 1549 on the Statute of Marlborough. Meanwhile, Morgan had become sufficiently prominent in his own county to be appointed Custos rotulorum – keeper of the county's records and its senior civil officer.
If the individual who adds value to the owner's chattel (personal property) is a trespasser or does so in bad faith, the owner retains title and the trespasser cannot recover labor or materials. The owner of the chattel may seek conversion damages for the value of the original materials plus any consequential damages. Alternatively, the owner may seek replevin (return of the chattel). However, the owner may be limited to damages if the property has changed its nature by accession.
Forced to choose between accepting depreciated money in payment for outstanding debts or waiting long times to collect debts, creditors turned to the courts for relief. In 1822, Bourbon County circuit court judge James Clark ruled in the case of Williams v. Blair that the replevin law violated the state and federal constitutions. This ruling was so unpopular with the Relief Party that they attempted to remove him from office, but the 59-35 vote fell just short of the needed two- thirds majority.
In 1831, the Menominee tribe turned over part of their reservation in Wisconsin to the United States for use by the Stockbridge Indians.. Some of the tribe cut timber and sold the logs to George Cook. The federal government brought an action in common law known as a writ of replevin to recover the logs from Cook. It came to the Supreme Court on a certificate of division. The only side to present an argument was the United States, Cook was not represented before the Court.
The District Court of Maryland for Baltimore County District Courthouses are located in Towson, Catonsville and Essex and serve as the courts of first impression for the majority of residents in the state of Maryland. Jurisdiction of the District Court includes most landlord- tenant cases, small claims for amounts up to $5,000, replevin actions, motor vehicle violations, misdemeanors, certain felonies, and peace and protective orders. The District Courts also have concurrent jurisdiction with the Circuit Court over civil lawsuits where the amount in controversy is between $5,001 and $30,000.
The pro-relief legislature passed a measure abolishing the Court of Appeals and replacing it with a new court, to which pro-relief governor Joseph Desha appointed pro-relief justices who upheld the replevin law. As the economic situation in the state improved in the second half of the 1820s, the Old Court supporters regained control of both houses of the General Assembly. They abolished the New Court and restored the Old Court to power. In an 1829 case, the Court nullified decisions rendered by the New Court.
Marburg, p. 331 In December 1820, the Assembly modified the replevin law to state that creditors who would accept payment in notes from the Bank of the Commonwealth but not the Bank of Kentucky would be forced to wait three months to collect on a debt. The wait was one year if the creditor accepted only notes from the Bank of Kentucky, and it remained two years for creditors who would not accept notes from either. By 1821, the Relief Party had successfully ended the practice of debt imprisonment in Kentucky.
Kentucky historian Lowell H. Harrison opined that the most important measure implemented during Adair's administration was the creation of the Bank of the Commonwealth in 1820. The bank made generous loans and liberally issued paper money. Although bank notes issued by the Bank of the Commonwealth quickly fell well below par, creditors who refused to accept these devalued notes had to wait two years before seeking replevin. To inspire confidence in the devalued notes, Adair mandated that all officers of the state receive their salaries in notes issued by the Bank of the Commonwealth.
In law, avowry is where one takes a distress for rent or other thing, and the other sues replevin. In which case the taker shall justify, in his plea, for what cause he took it, and if he took it in his own right, is to show it, and so avow the taking--which is called his avowry. If he took it in the right of another, when he has shown the cause, he is to make conusance of the taking, as being a bailiff or servant to him in whose right he did it.
To avoid conflicts with Unionists, it allowed importers to pay the tariff if they desired. Other merchants could pay the tariff by obtaining a paper tariff bond from the customs officer. They would then refuse to pay the bond when due, and if the customs official seized the goods, the merchant would file for a writ of replevin to recover the goods in state court. Customs officials who refused to return the goods (by placing them under the protection of federal troops) would be civilly liable for twice the value of the goods.
At the end of the year, during the winter of 1712/13, William Penn hired Hamilton in a replevin case against Berkeley Codd. Codd disputed some of Penn's rights under his grant from the Duke of York, who would later become King James II. This started the long and friendly relationship between Hamilton and the Penn family. His trip to London and continued work in Pennsylvania, especially with the Penn family, gained Hamilton prominence. He came to the attention of both the Baltimore family and the government of the Maryland colony.
The primary issue of the day was the Old Court – New Court controversy, an attempt by the legislature to abolish the extant Court of Appeals and replace it with a new court in retaliation for overturning a replevin law passed in a previous legislative session. Marshall enjoyed a higher level of support in this election by virtue of his support for the Old Court, which was the prevailing sentiment in his district. His actions in the session, however, appear to have been unremarkable, and he did not seek reelection at the end of his term.
State courts vary in their use of ex parte proceedings (for example, in custody cases, replevin cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ex parte proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon showing of emergency need.See California Rule of Court 3.1200, et seq As most courts in these two states hold law and motion hearings in the early morning, this notice is typically confirmed by facsimile although oral notice may be effective.
There are three crucial categories of judicial remedies in common law systems. The legal remedy originates from the law courts of England and is seen in the form of a payment of money to the victim, commonly referred to as damages or replevin. Damages aim at making up the harm that a breaching party has committed to the victim. In the history of the English legal system, the legal remedy only existed in the form of monetary relief, and therefore the victim must petition through a separate system if he or she wanted other forms of compensation.
Under the terms of the Fugitive Slave Act of 1850, when suspected fugitives were seized and brought to a special magistrate known as a commissioner, they had no right to a jury trial and could not testify in their own behalf. Technically, they were guilty of no crime. The marshal or private slave-catcher needed only to swear an oath to acquire a writ of replevin for the return of property. Congress was dominated by Southern congressmen because the population of their states was bolstered by the inclusion of three-fifths of the number of enslaved people in population totals.
This case was an action in replevin for possession of a polled Angus cattle cow, which are bred most commonly for the production of beef as opposed to dairy products. The suit was originally brought in a justice's court, a state court within the jurisdiction of Michigan, and appealed to the circuit court of Wayne County, Michigan. The substance of the appellate decision, which was rendered by the Michigan Supreme Court after the defendant and appellants set out 25 assignments of error, involves a transaction between Hiram Walker et al., importers and breeders of polled Angus cattle (and grocers and distillers), and Theodore Sherwood, a farmer and banker from Plymouth, Michigan.
In the United States, Article 2 of the Uniform Commercial Code displaces the traditional rule in an attempt to adjust the law of sales of goods to the realities of the modern commercial marketplace. If the goods are identified to the contract for sale and in the possession of the seller, a court may order that the goods be delivered over to the buyer upon payment of the price. This is termed replevin. In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by case law.
Judge Ebenezer R. Hoar issued a writ of replevin, formally demanding the surrender of the prisoner. In a letter to a friend, Louisa May Alcott wrote, "Sanborn was nearly kidnapped. Great ferment in town. Annie Whiting immortalized herself by getting into the kidnapper's carriage so that they could not put the long legged martyr in." Frank Sanborn of Concord, MA, resists arrest by federal marshals in regard to his support of abolitionist John Brown From 1863 to 1867 Sanborn was an editor of The Commonwealth newspaper of Boston, from 1867 to 1897 of the Journal of Social Science, and from 1868 to 1914 a correspondent of the Springfield Republican.
In England the scope of replevin was usually limited to action in distress (where a chattel had been taken by a person who intended to hold it as a bargaining chip to force some action by the true owner). By the end of the seventeenth century, the great bulk of litigation in England was conducted through the various forms of action which had developed from trespass. This remained the case until the nineteenth century, when these kinds of forms of action were abolished in succession by statute. By 1875, all remaining forms had been replaced by a single form uniform writ whereby the plaintiff endorses the statement for a claim.
Jus tertii (Latin, “third party rights”) is the legal classification for an argument made by a third party (as opposed to the legal title holder) which attempts to justify entitlement to possessory rights based on the showing of legal title in another person. By showing legitimate title in another person, jus tertii arguments imply that the present possessor’s interest is illegitimate or that the present possessor is a thief. Under United States law, jus tertii arguments are generally insufficient to support actions for replevin because they fail to show that possession is more legitimate in the third party than in the present possessor.See Gissel v.
The Boston Vigilance Committee looked to find some way to help free Sims while outside of the courtroom, and tried to think of everything that they could in order to help at least give Sims more time. They attempted to submit a writ of replevin and to ask for habeas corpus, but neither succeeded, one because of problems with feasibility and the other because Chief Justice Shaw dismissed their calls for it. At the conclusion of the case, the court ruled that Sims would be sent back to the South. Commissioner Curtis stated that he would have liked to pass on the duty to an actual tribunal, but there were none available and thus, he had to do it.
The Harvard Law School Drama Society dates back to 1961. During its existence, the Drama Society has performed a variety of humorous pieces focused on the law school experience, including musical revues and sketch comedy shows. Since the late 1980s, the Drama Society has focused exclusively on the Parody. Recent Parody themes have included The Hark Knight (referring to Harvard Law School's Student Center, known by students as "The Hark," and a spoof of The Dark Knight); Ocean's Replevin (a spoof of Ocean's Eleven); Twilitem: De Novo Moon (a spoof of Twilight); and Martha Minow and the J.D. Factory (referring to Harvard Law School Dean Martha Minow, and a spoof of Charlie and the Chocolate Factory).
Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as fieri facias, replevin and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court bailiffs, civilian enforcement officers and police officers. Part 4 makes some changes to attachment of earnings and charging orders to make recovery of debts more straightforward. Part 5 makes some changes to insolvency practice in order to provide low-cost protection for people who have previously been excluded owing to their small debts and lack of assets.
4 Littell 34 In both cases, the circuit courts had ruled the replevin law impaired the obligation of contracts in violation of the Contract Clause of the United States Constitution and similar language in the Kentucky Constitution. In October 1823, Mills and fellow justices John Boyle and William Owsley upheld the lower courts' rulings. An outraged General Assembly passed a measure abolishing the Court of Appeals and setting up a new Court of Appeals in its place, which pro-relief governor John Adair stocked with judges favorable to the debt relief cause. The Old Court considered the action illegal, and for a time, both the Old and New Courts claimed authority as the court of last resort in Kentucky.
Rules 64 to 71. This Title deals with remedies that may be granted by a federal court – both provisional remedies that may be ordered while the action is pending as well as final relief that may be granted to the winning party at the end of the case. Rule is captioned "Seizure of Person or Property" and authorizes procedures such as Prejudgment attachment, replevin, and garnishment. In general, these remedies may be awarded when they would be authorized under the law of the state in which the federal court is located – a rare instance in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of practice in the federal districts throughout the country, defer to state law.
The eyre of 1255—6 heard that Abbas de Hales non permittit homines de Hales placitare vetitum namium in com[itatu]. Immo capet namium eorum et non vult eos deliberare per ballivos domini Regis — "The Abbot of Hales does not allow the men of Hales to make a plea of vetitum namium (prohibited distraint)Vetitum namium, meaning prohibited or unjust distraint, was a technical legal term for an action to recover a distrained animal or other property that had been taken by the lord as security for the behaviour of the tenant. Generally the first resort when such an item was not returned when due was to ask the sheriff for replevin, or legal restitution. If this failed, the appeal to higher authority was called placitum vetitum namium, "plea of prohibited distraint.
Rivet received instructions from Parliament to break down the statue, but instead he hid it on his premises. He produced some broken pieces of brass as evidence that he had followed his instructions, and for some time sold brass-handled cutlery to both Royalists and Parliamentarians, which he claimed was made from the remains of the statue. The plaque added to the base after the Second World War After the Restoration, the statue was found by Jerome Weston, 2nd Earl of Portland and, following a complaint to the House of Lords, it was decreed "That the said John Rivett shall permit and suffer the Sheriff of London to serve a replevin upon the said Statue and Horse of Brass, that are now in his Custody." It was purchased by the King and in 1675 was placed in its current location.
On June 9 the jury decided in favor of the defendants after only 35 minutes of deliberation. Following his legal defeat, Dewey tried to have writs of replevin issued against almost every criminal and superior court judge as well as Governor Eugene Foss, Lieutenant Governor Frothingham, Mayor Fitzgerald, Speaker of the Massachusetts House of Representatives Joseph H. Walker, Massachusetts Attorney General James M. Swift, State Treasurer Elmer A. Stevens, Secretary of the Commonwealth Albert P. Langtry, and Suffolk County District Attorney Joseph C. Pelletier. He also tried to have arrest warrants issued against a number of religious and public figures, including Foss, Swift, Langtry, Fitzgerald, Pelletier, Cardinal William Henry O'Connell, Bishops William Lawrence and Alexander Hamilton Vinton, Police Commissioner Stephen O'Meara, and attorney Henry F. Hurlburt. On February 9, 1912, Dewey was found to be mentally ill and was committed to Boston State Hospital by Judge Robert Grant.
The situation seemed, thereafter, to be that a central royal court, called The Bench, began to sit regularly at Westminster, leading, at some stage, to a separation between the hearing of matters relevant to the King and those that had no royal connection, which came to be known as common pleas. In 1215, the Magna Carta provided that there should be a courtthe Common Bench (later Court of Common Pleas), which met in a fixed placeand, by 1234, two distinct series of plea rolls existed: de bancothose from the Common Benchand coram rege (Latin for "in the presence of the King")for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all praecipe actions for the recovery of property or debt, while actions of trespass and replevin were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench.
In civil matters, the Circuit Courts have exclusive original jurisdiction in most cases in which equitable, declaratory, or injunctive relief is sought, or in which ownership of real property is to be determined. Two notable exceptions are: (1) actions for replevin, in which the District Courts have exclusive original jurisdiction regardless of the value of the thing in controversy;CJP §4-401(2). and (2) landlord-tenant matters, in which the District Court has exclusive original jurisdiction in all cases.CJP §4-401(4). In tort or contract cases for money damages where the amount in controversy exceeds $30,000, the Circuit Courts have exclusive original jurisdiction.See CJP §4-401(1) (defining exclusive jurisdiction of the District Court). The Circuit Courts share concurrent jurisdiction with the District Courts in such cases where the amount in controversy exceeds $5,000 but is less than $30,000.CJP §4-402(d)(1)(i). However, if the amount in controversy exceeds $15,000, either party may remove an action filed in District Court to the Circuit Court by demanding a jury trial.
The Fourth Amendment to the U.S. Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ...." But from the Constitution's establishment in 1789 until the early 20th century, Americans' only legal remedies in cases where government officers violated their rights under the Fourth Amendment were private lawsuits against the officers involved, either in trespass to recover damages or in replevin to recover seized goods or property. However, in 1914, the U.S. Supreme Court unanimously ruled in Weeks v. United States that any evidence obtained by federal law enforcement officers in violation of the Fourth Amendment could not be used in federal criminal proceedings. In an opinion written by Justice William R. Day, the Court reasoned that the Supreme Court had a constitutional duty to ensure federal courts excluded illegally obtained evidence: Over the next several decades, the Court generally held that this "exclusionary rule" only applied to cases in which federal officers were involved in the illegal searches and seizures.
His first legal case was, while he was still at Ole Miss, over a replevin case about a cow, which he won and for which he received a $2.50 fee; his first real case as a lawyer was about representing a Black woman suing her ex- husband over the value of a sidesaddle, losing this case in the justice court but winning it in the county court, earning himself $7.50. After trying and failling to join an existing law firm, he rented space near Charles Crisler's office, and soon founded his own law firm; over the next quarter century, Barnett became one of the state's most successful trial lawyers, earning more than $100,000 a year with specialty in damage suits against corporations. Most of his clients were poor Whites and Blacks, and tales were told about an elderly black man was injured in a traffic accident and asking for "Doctor Ross Barnett" when asked which doctor to call. Ole Miss Law School Dean Robert Farley described him as such : "He was not a brilliant lawyer, He was a brilliant jury manipulator, but I don't think anybody ever accused Ross of knowing much law".

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