Public-domain · open source
OpenJurist

Second Distress

Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Abbott (1879)

The Cyclopedic Law Dictionary

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

By 17 Car. It. c. 7, § 4, in all cases where the value of the cattle distrained shall not be found to be of the full value of the arrears distrained for, the party to whom such arrears are due, his executors or administrators, may distrain again for the said arrears; but a second distress cannot, it seems, be at all justified, where there is enough which might have been taken upon the first, if the distrainer had then thought proper; for a man who has an entire duty, as rent, for example, shall not split the entire sum, and distrain for one part of it at one time, and for the other part of it at another time, and so toties quoties for several times, for that would be great oppression. Wharton.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A new distress levied when the first was insufficient to satisfy the demand.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

When distress for rent is allowed, if the property taken under the first distress is not enough to satisfy the landlord's demand, he might distrain again, in cases allowed by law, which is a second distress. admeasurement of pasture, the same defendant surcharges the common again, the plaintiff may have this writ of second surcharge. Wharton.