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Repleader

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Stimson (1881)

The Cyclopedic Law Dictionary

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

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.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A pleading over again which the court ordered when by failure to plead properly an immaterial or insufficient issue was made by the pleadings. See 3 Bl. Comm. 395.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

When, after Issue has been joined in an action, and a verdict given thereon, the pleading is found (on examination) to have miscarried and failed to effect Its proper object, viz., of raising an apt and material question between the parties, the court will, on motion of the unsuccessful party, award a repleader; that is, wlll order the parties to plead de novo for the purpose of obtaining a better issue. Brown. Judgment of repleader differs from a judgment non obstante veredicto, in this: that it is allowed by the court to do justice between the parties where the defect 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; 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 merita, and cannot have by any manner of statement. ,1 Chit. PI. 687, 688.

A Law Dictionary and Glossary

George C. Kinney · 1893

To plead again, to plead over again, — sometimes allowed, upon motion, where a satisfactory issue has not been reached.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

To plead the case over again, as when no satisfactory issue has been reached.