Replevy

To redeliver goods which have been distrained to the original possessor of them, on his giving pledges in an action of replevin. It signifies, also, the bailing or liberating a man from prison, on his finding bail to answer. See "Replevin." REPLICATIO (Lat.) In the civil law and old English pleading. The plaintiff's answer to the defendant's exception or plea; corresponding with and giving name to the replication in modern pleading.

Inst. 4. 14. pr.

REPLICATION (Lat. replicare, to fold back). In Pleading. The plaintiff's answer to the defendant's plea or answer. In Equity. The plaintiffs avoidance or denial of the answer or defense.

Story, Eq. PL § 877.

A general replication is a general denial of the truth of the defendant's plea or answer, and of the sufficiency of the matte ralleged in it to bar the plaintiff's suit, and an assertion of the truth and sufficiency of the bill. Cooper, Eq. PI.

329, 330.

A special replication was one which introduced new matter to avoid the defendant's answer. Ijb might be followed by rejoinder, surrejoinder, and rebutter. Special replications have been superseded by the practice of amending bills.

1 How. (U. S.) Introd. 55; 17 Pet. (U. S.) Append. 68.

A replication must be made use of where the plaintiff intends to introduce evidence, and a subpoena to the defendant to rejoin must be added, unless he will appear gratis.

Story, Eq. PI. § 879.

A replication may be filed nunc pro tunc after witnesses have been examined under leave of court.

Story, Eq. PI. § 881; Mitf. Eq. PL (by Jeremy) 323.

At Law. The plaintiff's reply to the defendant's plea. It contains a statement of matter, consistent with the declaration, which avoids the effect of the defendant's plea, or constitutes a joinder in issue thereon.