Repleader

In pleading. Making a new series of pleadings. Judgment of repleader differs from a judgment n'on obstante veredicto in this, is in the form or manner of stating the right, and the issue joined is on an immaterial point, so that it cannot tell for whom to give judgment (7 Mass. 312; 3 Pick. [Mass.] 124; 19 Pick. [Mass.] 419); while judgment non obstante is given only where it is clearly apparent to the court that the party who has succeeded has, upon his own showing, no merits, and cannot have by any manner of statement (1 Chit. PI. 568).

See 19 Ark. 194.

REPLEGIARE (Lat.) To replevy; to redeem a thing detained or taken by another, by putting in legal sureties. See "De Homine Replegiando." REPLEGrARE DE AVERIIS (Lat.) A writ brought bjr one whose cattle are impounded or distrained, upon security given,to the sheriff to pursue or answer the action at law.

7 Hen. VIII. c. 4; Pitzh. Nat. Brev. 68; New Book of Entries, "Replevin;" Dyer, 173; Reg. Orig. 81.

REPLEGIARE FACIAS (Lat.) A writ of replevin, which issued out of chancery, commanding the sheriff to deliver the distress to the owner, and afterwards to do justice in regard to the matter in his own county court. It was abolished by statute of Marlbridge, which provided a shorter process.

3 Bl. Comm. 147*.

R E P L E V I A BLE, or REPLEVISABLE. Property is said to be r^pleviable or replevisable when proceedings in replevin ■ may be resorted to for the purpose of trying the right to such property.

Brown.