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Writ Of Recaption

Defined in 4 dictionaries — Cyclopedic (1922), Bouvier (1914), Black's (1910), Bouvier (1839)

The Cyclopedic Law Dictionary

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

In practice. A writ which lies where, pending an action of replevin, the same distrainer takes, for the same supposed cause, the cattle or goods of the same distrainee. See Fitzh. Nat. Brev. 169. This writ is nearly obsolete, as trespass, which is found to be a preferable remedy, lies for the second taking; and, as the defendant cannot justify, the plaintiff, must necessarily recover damages proportioned to the injury.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A writ which lies where, pending an action of replevin, the same distrainer takes, for the same supposed cause, the cattle or goods of the same distrainee. See Fitzh. N. B. 169. This writ is nearly obsolete, as trespass, which is found to be a preferable remedy, lies for the second taking; and, as the defendant cannot justify, the plaintiff must necessarily ie cover damages proportioned to the injury.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

If, pending an action of replevin for a distress, the defendant distrains again for the same rent or service, the owner of the goods is not driven to another action of replevin, but is allowed a writ of recaption, by which he recovers the goods and damages for the defendant's contempt of the process of the law in making a second distress while the matter ls sub judice. Woodf. Landl. & Ten. 484.

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

John Bouvier · 1839

practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed, cause, the cattle or goods of the same distrainee. See F. N. B. 169. This writ is nearly obsolete, as trespass, which is found to be a preferable remedy, lies for the second: taking; and, as the defendant cannot justify, the plaintiff must necessarily recover damages proportioned to the injury. WRIT PRO RETORNO HA-