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replevin

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 22 U.S. 527 - Peyton v. Robertson · 1824Most cited · 18 citing opinions

matter in controversy

In a writ of replevin, the real matter in controversy is the sum claimed as rent, or the property replevied. If the replevin be, as in this case, of property distrained for rent, the amount for which avowry is made is the real matter in dispute. The damages are merely nominal. If the writ be issued as a means of trying the title to property, it is in the nature of detinue, and the value of the article replevied is the matter in dispute.

How often courts cite the cases defining “replevin”

1790180018501900195019704

Court decisions citing the 2 opinions that defined “replevin” — 26 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1790–1824

  1. ORIGINAL

    By the replevin, the securities in the bond are substituted in the place of the goods, which are restored to the tenant, as his sole property; he may sell them; they may be taken in execution; and they become liable to any future lien or incumbrance.