Replevin

4 definitions found

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

  Replevin \Re*plev"in\ (-?n), n. [LL. replevina. See {Replevy},
     and cf. {Plevin}.]
     1. (Law) A personal action which lies to recover possession
        of goods and chattle wrongfully taken or detained.
        Originally, it was a remedy peculiar to cases for wrongful
        distress, but it may generally now be brought in all cases


        of wrongful taking or detention. --Bouvier.
        [1913 Webster]
  
     2. The writ by which goods and chattels are replevied.
        [1913 Webster]

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

  Replevin \Re*plev"in\, v. t. (Law)
     To replevy.
     [1913 Webster]

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

  74 Moby Thesaurus words for "replevin":
     annex, attach, bail, bond, collectivize, commandeer, communalize,
     communize, confiscate, distrain, earnest, earnest money, escrow,
     expropriate, gage, garnish, get back, handsel, hock, hostage,
     impound, impress, levy, mainprise, nationalize, pawn, pignus,
     pledge, press, ransom, recapture, reclaim, reclaiming, reclamation,
     recognizance, recoup, recoupment, recover, recovery, recuperate,
     recuperation, redeem, redemption, regain, regainment, renovate,
     reoccupation, reoccupy, replevy, repossess, repossession,
     restoration, restore, resume, resumption, retake, retaking,
     retrieval, retrieve, revindicate, revindication, revival, revive,
     salvage, sequester, sequestrate, socialize, surety, take back,
     token payment, trover, undertaking, vadimonium, vadium
  
  

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

  REPLEVIN, remedies. The name of an action for the recovery of goods and 
  chattels. 
       2. It will be proper to consider, 1. For what property this action will 
  lie. 2. What interest the plaintiff must have in the same. 3. For what 
  injury. 4. The pleadings. 5. The judgment. 
       3.-1. To support replevin, the property affected must be a personal 
  chattel, and not an injury to the freehold, or to any matter which is 
  annexed to it; 4 T. R. 504; nor for anything which has been turned into a 
  chattel by having been separated from it by the defendant, and carried away 
  at one and the same time; 2 Watts, R. 126; 3 S. & R. 509 6 S. & R. 4761; 10 
  S. & R. 114; 6 Greenl. R. 427; nor for writings which concern the realty. 1 
  Brownl. 168. 
       4. The chattel also must possess indicia or ear-marks, by which it may 
  be distinguished from all others of the same description; otherwise the 
  plaintiff would be demanding of the law what it has not in its power to 
  bestow; replevin for loose money cannot, therefore, be maintained; but it 
  may be supported for money tied up in a bag, and taken in that state from 
  the plaintiff. 2 Mod. R. 61. Vide 1 Dall. 157; 6 Binn. 2; 3 Serg. & Rawle, 
  562; 2 P. A. Browne's R. 160; Addis. R. 134; 10 Serg. & Rawle, 114; 4 Dall. 
  Appx. i.; 2 Watt's R. 126; 2 Rawle's R. 423. 
       5.-2. The plaintiff, at the time of the caption, must have been 
  possessed, or, which amounts to the same thing, have had an absolute 
  property in and be entitled to the possession of the chattel, or it could 
  not have been taken from him. He must, in other words, have had a general 
  property, or a special property, as the bailee of the goods. His right to 
  the possession must also be continued down to the time of judgment 
  pronounced, otherwise he has no claim to the restoration of the property. 
  Co. Litt. 145, b. It has however, been doubted whether on a more naked 
  tailment for safe keeping, the bailee can maintain replevin. 1 John. R. 380; 
  3 Serg. & Rawle, 20. 
       6.-3. This action lies to recover any goods which have been illegally 
  taken. 7 John R. 140; 5 Mass. R. 283; 14 John. R. 87; 1 Dall. R. 157; 6 
  Binn. R. 2; 3 Serg. & Rawle, 562; Addis. R. 134; 1 Mason, 319; 2 Fairf. 28. 
  The primary object of this action, is to recover back the chattel itself, 
  and damages for taking and detaining it are consequent on the recovery. 1 W. 
  & S. 513; 20 Wend. 172; 3 Shepl. 20. When the properly has been restored 
  this action cannot, therefore, be maintained. But the chattel is considered 
  as detained, notwithstanding the defendant may have destroyed it before the 
  suit was commenced; for he cannot take advantage of his own wrong. 
       7.-4. This being a local action, the declaration requires certainty in 
  the description of the place where the distress was taken. 2 Chit: Pl. 411, 
  412; 10 John. R. 53. But it has been held in Pennsylvania, that the 
  declaration is sufficient, if the taking is laid to be in the county. 1 P. 
  A. Browne's Rep. 60. The strictness which formerly prevailed on this 
  subject, has been relaxed. 2 Saund. 74, b. When the distress has been taken 
  for rent, the defendant usually avows or makes cognizance, in order to 
  obtain a return of the goods to which avowry or cognizance the plaintiff 
  pleads in bar, or the defendant may, in proper cases, plead non cepit, cepit 
  in alio loco, guilty. 1 Chit. Pl. 490, 491. 
       8.-5. As to the judgment, Vide article Judgment in Replevin. Vide, 
  generally, Bac. Ab. h.t.; 1 Saund. 347, n. 1; 2 Sell. Pr. 153; Doct. Pl. 
  414; Com. Dig. h.t.; Dane's Ab. h.t.; Petersd. Ab. h.t.; 18 Vin. Ab. 576; 
  Yelv. 146, a; 1 Chit., Pl. 157; Ham. N. P. ch. 3, p. 372 to 498; Amer. Dig. 
  h.t.; Harr. Dig. h.t.; Bouv. Inst. Index, h.t. As to the evidence required 
  in replevin, see Roscoe's Civ. Ev. 353. Vide, also, article Detinuit.