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Encyclopedia > Replevin
Tort law I
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Fraud  · Tortious interference
Conspiracy  · Abuse of process
Malicious prosecution
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Replevin is an Anglo-French law term (derived from repletir, to replevy). It signifies the recovery by a person of goods unlawfully taken out of his possession, by means of a special form of legal process. This falls into two divisions: Image File history File links SmallLadyJustice. ... In the common law, a Tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Trover signifies finding. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of publishing (meaning to a third party) a false statement that negatively affects someones reputation. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... All the textbooks define a contract as either a promise or an agreement that is enfored or recognised by the law. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location within the British Isles Official language English de facto Capital London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001 Census) – Density Ranked 1st UK... Law (from the Old Norse lagu) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do...

  1. the replevy, the steps which 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
  2. the action of replevin itself. The jurisdiction in the first case is in the County Court

In the second case the Supreme Court has also jurisdiction in certain circumstances. The proceedings are now regulated by the County Courts Act 1888. 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. The County Court is the workhorse of the civil justice system in England and Wales. ... This article concerns the Courts of England and Wales. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


The French law is in force in Mauritius, and has been reproduced in substance in the Civil Codes of Quebec (arts. 2005 et seq.) and St Lucia (arts. 1888 et seq.). There are analogous provisions in the Spanish Civil Code (art. 1922). The subject of privileges and hypothecs is regulated in Belgium by a special law of December 16, 1851; and in Germany by ss. ff13 et seq. of the Civil Code. Motto: Je me souviens (French: I remember) Official languages French Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area  - Total  - % water Ranked 2nd 1,542,056 km² 11. ... December 16 is the 350th day of the year (351st in leap years) in the Gregorian Calendar. ... 1851 was a common year starting on Wednesday (see link for calendar). ...


See, e.g., New South Wales (the consolidating Landlord and Tenant Act 1899); Newfoundland (Act 4 of 1899); Ontario (Act I of 1902, S. 22, giving a tenant five days for tender of rent and expenses after distress); Jamaica (Law 17 of 1900, certification of landlords bailiffs); Queensland (Act 15 of 1904). Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Governor Premier Const. ... Map of Newfoundland Newfoundland (French: Terre-Neuve; Irish: Talamh an Éisc; Latin: Terra Nova) is a large island off the northeast coast of North America, and the most populous part of the Canadian province of Newfoundland and Labrador. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Official languages English, French (in some areas) Capital Toronto Largest city Toronto Lieutenant-Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Parliamentary representation  - House seat  - Senate seats 106 24 Area  - Total  - % water Ranked 2nd 1,076,395... Motto: Audax at Fidelis (Bold but Faithful) Nickname: Sunshine State/Smart State Other Australian states and territories Capital Brisbane Government Governor Premier Const. ...


Sources

English Law:

  • Woodfall, Landlord and Tenant (18th ed., London, 1907)
  • Foa, Landlord and Tenant (4th ed., London, 1907)
  • Fawcett, Landlord and Tenant (3rd ed., London, 1905)
  • Gilbert on Distress and Replevin (London, 1823)
  • Bullen, Law of Distress (2nd ed., London, 1899)
  • Oldham and Foster, Law of Distress (2nd ed., London, 1889)

Scots Law:

  • Flunter on Landlord and Tenant (4th ed., Edin., 1876)
  • Erskine's Principles (20th ad., by Rankine, Edin., 1903)
  • Rankine's Law of Landownership in Scotland (3rd ed., Edin., 1891)
  • Rankine's Law of Leases in Scotland (2nd ed., Edin., 1893)

American Law:

  • McAdam, Law of Landlord mid Tenant (New York, 1900)
  • Bouvier's Law Dictionary (ed. G Rawle) (London and Boston, 1897), tit. Distress in Ruling Cases
  • Landlord and Tenant (American Notes) (London and Boston, 1894-1901).

This article incorporates text from the 1911 Encyclopædia Britannica, a publication in the public domain. John Bouvier (1787-1851), American jurist, was born in Codogno, France. ... The 11th edition of the Encyclopædia Britannica (1910-1911) is the most famous edition of the Encyclopædia Britannica. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


  Results from FactBites:
 
RULE 4:61. REPLEVIN (880 words)
The writ of replevin shall be signed in the name of the clerk of the court issuing the writ and shall be directed to the sheriff, or other officer authorized by law, of the county where the chattels are located and shall describe them with particularity.
The replevin bond shall be subject to the approval of the court in accordance with R. 1:13-3(a) and shall contain the terms set forth in R. 1:13-3(b).
A plaintiff in replevin who claims possession as a secured creditor shall allege both in the complaint and the motion for the issuance of the writ the existence of the debt and the existence of a security interest, perfected or unperfected, in a chattel in the possession of the debtor.
No. 01-1151 (2223 words)
replevin of property and from a later judgment awarding damages in the amount of the diminution in value of the replevied property while it was in storage with Ecklund.
Whether the trial court's replevin award coupled with the damage award for diminution in value of the property was proper turns on the language of Wis. Stat.
In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s.
  More results at FactBites »

 

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