Recovery definition

Recovery





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4 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Recovery \Re*cov"er*y\ (r?*k?v"?r*?), n.
     1. The act of recovering, regaining, or retaking possession.
        [1913 Webster]
  
     2. Restoration from sickness, weakness, faintness, or the
        like; restoration from a condition of mistortune, of


        fright, etc.
        [1913 Webster]
  
     3. (Law) The obtaining in a suit at law of a right to
        something by a verdict and judgment of court.
        [1913 Webster]
  
     4. The getting, or gaining, of something not previously had.
        [Obs.] "Help be past recovery." --Tusser.
        [1913 Webster]
  
     5. In rowing, the act of regaining the proper position for
        making a new stroke.
        [1913 Webster]
  
     6. Act of regaining the natural position after curtseying.
        [Webster 1913 Suppl.]
  
     7. (Fencing, Sparring, etc.) Act of regaining the position of
        guard after making an attack.
        [Webster 1913 Suppl.]
  
     {Common recovery} (Law), a species of common assurance or
        mode of conveying lands by matter of record, through the
        forms of an action at law, formerly in frequent use, but
        now abolished or obsolete, both in England and America.
        --Burrill. Warren.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  recovery
       n 1: return to an original state; "the recovery of the forest
            after the fire was surprisingly rapid"
       2: gradual healing (through rest) after sickness or injury
          [syn: {convalescence}, {recuperation}]
       3: the act of regaining or saving something lost (or in danger
          of becoming lost) [syn: {retrieval}]

From Moby Thesaurus II by Grady Ward, 1.0 [moby-thes]:

  97 Moby Thesaurus words for "recovery":
     Great Leap Forward, advance, advancement, amelioration, amendment,
     ascent, bettering, betterment, boom, boost, bottoming out,
     business cycle, business fluctuations, bust, comeback,
     convalescence, cooling off, crisis, deliverance, delivery,
     depression, downturn, economic cycle, economic expansion,
     economic growth, enhancement, enrichment, eugenics, euthenics,
     expanding economy, expansion, extrication, freeing, furtherance,
     gain, growth, headway, healing, high growth rate, improvement,
     increase, liberation, lifesaving, lift, low, market expansion,
     melioration, mend, mending, peak, peaking, pickup, preferment,
     progress, progression, promotion, prosperity, rally, ransom,
     recapture, recession, reclaiming, reclamation, recoup, recoupment,
     recuperation, redemption, regainment, release, reoccupation,
     replevin, replevy, repossession, rescue, restoration, resumption,
     retake, retaking, retrieval, retrieve, return, revindication,
     revival, rise, salvage, salvation, saving, slowdown, slump, trover,
     upbeat, uplift, upping, upswing, uptrend, upturn,
     upward mobility
  
  

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  RECOVERY. A recovery, in its most extensive sense, is the restoration of a 
  former right, by the solemn judgment of a Court of justice. 3 Murph. 169. 
       2. A recovery is either true or actual, or it is feigned or common. A 
  true recovery, usually known by the name of recovery simply, is the 
  procuring a former right by the judgment of a court of competent 
  jurisdiction; as, for example, when judgment is given in favor of the 
  plaintiff when he seeks to recover a thing or a right. 
       3. A common recovery is a judgment obtained in a fictitious suit, 
  brought against the tenant of the freehold, in consequence of a default made 
  by the person who is last vouched to warranty in such suit. Bac. Tracts, 
  148. 
       4. Common recoveries are considered as mere forms of conveyance or 
  common assurances; although a common recovery is a fictitious suit, yet the 
  same mode of proceeding must be pursued, and all the forms strictly adhered 
  to, which are necessary to be observed in an adversary suit. The first thing 
  therefore necessary to be done in suffering a common recovery is, that the 
  person who is to be the demandant, and to whom the lands are to be adjudged, 
  would sue out a writ or praecipe against the tenant of the freehold; whence 
  such tenant is usually called the tenant to the praecipe. In obedience to 
  this writ the tenant appears in court either in person or by his attorney; 
  but, instead of defending the title to the land himself, he calls on some 
  other person, who upon the original purchase is supposed to have warranted 
  the title, and prays that the person may be called in to defend the title 
  which he warranted, or otherwise to give the tenant lands of equal value to 
  those he shall lose by the defect of his warranty. This is called the 
  voucher vocatia, or calling to warranty. The person thus called to warrant, 
  who is usually called the vouchee, appears in court, is impleaded, and 
  enters into the warranty by which means he takes upon himself the defence of 
  the land. The defendant desires leave of the court to imparl, or confer with 
  the vouchee in private, which is granted of course. Soon after the demand 
  and returns into court, but the vouchee disappears or makes default, in 
  consequence of which it is presumed by the court, that he has no title to 
  the lands demanded in the writ, and therefore cannot defend them; whereupon 
  judgment is given for the demandant, now called the recoverer, to recover 
  the lands in question against the tenant, and for the tenant to recover 
  against the vouchee, lands of equal value in recompense for those so 
  warranted by him, and now lost by his default. This is called the recompense 
  of recovery in value; but as it is, customary for the crier of the court to 
  act, who is hence called the common vouchee, the tenant can only have a 
  nominal, and not a real recompense, for the land thus recovered against him 
  by the demandant. A writ of habere facias is then sued out, directed to the 
  sheriff of the county in which the lands thus recovered are situated; and, 
  on the execution and return of the writ, the recovery is completed. The 
  recovery here described is with single voucher; but a recovery may, and is 
  frequently suffered with double, treble, or further voucher, as the exigency 
  of the case may require, in which case there are several judgments against 
  the several vouchees. 
      5. Common recoveries were invented by the ecclesiastics in order to 
  evade the statute of mortmain by which they were prohibited from purchasing 
  or receiving under the pretence of a free gift, any land or tenements 
  whatever. They have been used in some states for the purpose of breaking the 
  entail of estates. Vide, generally, Cruise, Digest, tit. 36; 2 Saund. 42, n. 
  7; 4 Kent, Com. 487; Pigot on Common Recoveries, passim. 
       6. All the learning in relation to common recoveries is nearly 
  obsolete, as they are out of use. Rey, a French writer, in his work, Des 
  Institutions Judicaire del'Angleterre, tom. ii. p. 221, points out what 
  appears to him the absurdity of a common recovery. As to common recoveries, 
  see 9 S. & R. 330; 3 S. & R. 435; 1 Yeates, 244; 4 Yeates, 413; 1 Whart. 
  139, 151; 2 Rawle, 168; 2 Halst. 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 3 
  Harr. & John. 292; 6 P. S. R. 45, 
  
  

















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