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Replevin

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

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

An action for the specific recovery of cattle or goods distrained or taken. The replevisor or plaintiff gives pledges or bond to prosecute and return the goods if judgment be given against him; whereupon the sheriff seizes the goods, and the plaintiff brings his action, to which the defendant makes avowry or conusance in the nature of a declaration setting up his title; and the following pleading of the plaintiff is called the 'plea, and so on. This is replevin in the detinuit; replevin in the detinet was where there was no reseizure of the goods, as if they had been eloigned, v. Capias in withernam. Personal replevin: an action or writ to review an imprisonment and enforce rights of personal liberty, like the old writ de homitie replegiando.