Replevin

A personal action ex delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it is the mode of contesting, lf the party from whom the goods were taken wishes to have them back in specie, whereas, if he prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a redelivery to the owner of the pledge or thing taken in distress. Wharton. And see Sinnott v. Feiock, 165 N. Y. 444, 59 N. E. 265, 53 Li R. A. 565, 80 Am. St. Rep. 736; Healey v. Humphrey, 81 Fed. 990, 27 C. C. A. 39; Mc-Junkin v. Mathers, 158 Pa. 137, 27 Atl. 873; Tracy v. Warren, 104 Mass. 377; Lazard v. Wheeler, 22 Cal. 142; Maclary v. Turner, 9 Houst (Del.) 281, 32 Atl. 325; Johnson v. Boehme, 66 Kan. 72, 71 Pac. 243, 07 Am. St Rep. 357.

— Personal replevin. A species of action to replevy a man out of prison or out of the custody of any private person. It took the place of the old writ de homine replegiando; but, as a means of examining into the legality of an imprisonment, it is now superseded by the writ of habeas corpus

— Replevin bond. A bond executed to indemnify the officer who executed a writ of replevin and to indemnity the defendant or person from whose custody the property was taken for such damages as he may sustain. Imel v. Van Deren, 8 Colo. 90, 5 Pac. 803; Walker v. Kennison, 34 N. H. 259.