Second Deliverance
Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Abbott (1879), Bouvier (1839)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
In practice. The name of a writ given by the statute of Westminster II. (13 Edw. I. c. 2), founded on the record of a former action of replevin, 2 Inst. 341. It commands the sheriff, if the plaintiff make him secure of prosecuting his claim and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliverance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so ad infinitum, to the intolerable vexation of the defendant. The statute of Westminster restrains the plaintiff, when nonsuited, from so doing, but allows him this writ, issuing out of the original record, in order to have the same distress delivered again to him, on his giving the like security as before. 3 Bl. Comm. 150; Pitzh. Nat. Brev. 68.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
The name of a writ given by statute of Westminster 2d, 13 Edw. I. c. 2, founded on the record of a former action of replevin. Co. 2d Inst. 341. It commands the sheriff, if the plaintiff make him secure of prosecuting his claim and returning the chattels which were adjudged to the* defendant by reason of the plaintiff’s default, to make deliverance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so ad infinitum, to the intolerable vexation of the defendant. The statute of Westminster restrains the plaintiff when nonsuited from so doing, but allows him this writ, issuing out of the original record, in order to have the same distress delivered again to him, on his giving the like security as before; 3 Bla. Com. 150.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In practice. A writ allowed a plaintiff in replevin, where the defendant has obtained judgment for refurn of the goods, by default on nonsuit, in order to bave the same distress agnin delivered to him, on giving the same security as before. '3 BL Comm. 150, 3 Steph. Comm. 668.
Defined under Deliverance in Black's Law Dictionary.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
A writ which lies for a plaintiff after he has been nonsuited in an action of replevin, in pursuance of which the sheriff must again deliver to the plaintiff the goods that were distrained, on his giving security, as he did in the first instance, to redeliver them, if the distress prove a justifiable one. It is said to have become practically obsolete in England.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
practice, is the name of a writ given by statute of Westminster the second, 13 Edw. I, c. 2, founded on the record of a former action of replevin. 2 Inst. 341. It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff’s default, to make deliverance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another The statute of Westminster restrains the plaintiff when nonsuited from so doing, but allows him this writ, issuing out of the original record, in order to have the same distress delivered again to him, on his giving the like security as before. 3 BI. Com. 150; Hamm. N. P. 495; F. N. B. 68; 19 Vin. Ab. 1.