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Recuperatio

Defined in 2 dictionaries — Cyclopedic (1922), Black's (1910)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

I. e., AD REM, PER IN- Juriam extortam sive detentam, pep sententiam judicis restitutio. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully extorted or detained. Co. Litt. 154a. RECUPERATIO EST ALICUJUS REI IN causam, alterius adductae per Judicem acqulsitio. Recovery is the acquisition by sentence of a judge of anything brought into the cause of another. Co. Litt. 154a. RECUPERATORES (Lat.)

In Roman law. A species of judges originally established, it is supposed, to decide controversies between Roman citizens and strangers concerning the right to the possession of property requiring speedy remedy, but gradually extended to questions which might be brought before ordinary judges. After the enlargement • of their powers, the difference between them and judges, it is supposed, was simply this: If the praetor named three judges, he called them recuperatores; if one, he called him judex. But opinions on this subject are various. Colman, De Romano judicio recuperatorio. Cicero's oration (Pro Coecin. 1, 3) was addressed to recuperators. RECURRENDUM EST AD EXTRAORDInarium quando non valet ordinarium. We must have recourse to what is extraordinary when what is ordinary fails.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

I.e., ad rem, per injuriam extortam sive detentam, per sententiam judicis restitutio. Co. Litt. 154a. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully extorted or detained.

Lat. In old English law. Recovery; restitution by the sentence ot a judge of a thing that has been wrongfully taken or detained. Co. Litt 154a.