seizure

Defined in 7 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Bouvier (1839)

Definitions from Case Law

From 273 U.S. 182 - Great Northern Ry Co v. Sutherland · 1927Most cited · 50 citing opinions

The term seizure as used in this connection connotes merely the taking of possession.

Show all 4 Supreme Court definitions and how they changed over time 1825–1927

The Cyclopedic Law Dictionary

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

In practice. A forcible taking possession. 62 L. J. Q. B. 343; 10 Q. B. D. 432. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal to pay a certain sum of money, by a sheriff, constable, or other officer lawfully authorized thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. The taking possession of goods for a violation of a public law; as, the taking possession of a ship for attempting an illicit trade. 2 Cranch (U. S.) 187; 4 Wheat. (U. S. 100); 1 Gall. (U. S.) 75; 2 Wash. C. C. (U. S.) 127, 567; 6 Cow, (N. Y.) 404.

Ballentine's Law Dictionary

James A. Ballentine · 1916

As to property capable of manual delivery, the physical taking into custody. See 9 Wall. (U. S.) 103, 19 L. Ed. 602.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

In Practice. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal to pay a certain sum of money, by a sheriff, constable, or other officer lawfully authorized thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. Carey v. Ins. Co., 84 Wis. SO, 54 N. Wl. 20, 20 L. R. A. 267, 36 Am. St. Rep. 907. The taking possession of goods for a violation of a public law; as, the taking possession of a ship for attempting an illicit trade; The Caledonian, 4 Wheat. (U. S.) 100, 4 L. Ed. 523; The Bolina, 1 Gall. 75, Fed. Cas. No. I, 608; Le Tigre, 2 Wash. C. C. 567, Fed. Cas. No. 8,281; Francis v. Ins. Co., 6 Cow. (N. Y.) 404. The seizure is complete as soon as the goods are within the power of the officer; Haggerty v. Wilber, 16 Johns. (N. Y.) 287, 8 Am. Dec. 321; Collins v. Montgomery, 2 Nott & M’C. (S. C.) 392; Wats. Sher. 172, approved Carey v. Ins. Co., 84 WIs. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907. The taking of part of the goods in a house, however, by virtue of a fieri facias In the name of the whole, is a good seizure of all; 8 East 474. As the seizure must be made by virtue of an execution, it is evident that it cannot be made after the return-day; Vail

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In practice. The act performed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has passed, condemning him to pay a certain sum of money, in order that such property may be sold, by authority and due course of law, to satisfy the judgment. Or the act of inking possession of goods in consequence of a violation of public law. See Carey v. Insurance Co., 84 Win 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Goubeau v. Railroad Co., 6 Rob. (La.) 348; Fluker v. Bullard, 2 La. Ann. 338; Pelham v. Rose, 9 Wall. 106, 19 L. Ed. 602; The Josefa Se-gunda, 10 Wheat. 326, 6 L. Ed. 329. Seizure, even though hostile, is not necessarily capture, though such is its usual and probable result. The ultimate act or adjudication of the state, by which the seizure has been made, assigns the proper and conclusive quality and denomination to the original proceeding. A condemnation asseris a capture ab initio; an award of restitution pronounces upon the act as having been not a valid act of capture, but an act of temporary seizure only. Appleton v. Crown-inshieid, 3 Mass. 443. In the law of copyholds. Seizure is where the lord of copyhold lands takes possession of them in default of a tenant. It is either seizure quousquœ or absolute seizure.

A Law Dictionary and Glossary

George C. Kinney · 1893

A taking of a thing into possession under authority of law, — manual, where the nature of the property admits of such taking; a taking of a ship under public authority for violation of law or of some municipal or other regulation.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

practice. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal, to pay a certain sum of money, by a sheriff, constable, or other officer, lawfully authorised thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. The seizure is complete as soon as the goods are within the power of the officer. 3 Rawle’s R. 401; 16 Johns. R. 287; 2 Nott & M‘Cord, 392; 2 Rawle’s R. 142; Wats. on Sher. 172; Com. Dig. Execution, C 5. Vide Search Warrant.