A Practical Treatise on the Law of Replevin in the United States: With an Appendix of Forms, and a Digest of StatutesKay & Brother, 1849 - 316 pàgines |
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A Practical Treatise on the Law of Replevin in the United States: With an ... Phineas Pemberton Morris Visualització completa - 1878 |
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adjudged alleged amercement arrear arrears of rent assignment avowry or cognizance awarded bailiff Baron Gilbert beasts Bing C. D. and E. F. cattle cause cepit chattels aforesaid City and County claim of property claim property bond common law County of Philadelphia damages and costs declaration mentioned defendant deliverance delivered demise detention detinue distrained distress for rent District Court double the value dwelling-house entitled execution fendant fieri facias Gilb hath held Henry Lelar homine replegiando issue judg judgment of retorno jury justice landlord lessor Lord M'Intosh ment non-suit party Pennsylvania perty Phila plain plaintiff in replevin plea in bar pleaded possession premises proceedings Ravenor ready to verify recover remedy remittitur repaired and amended replevin bond retorno habendo Saund says scire facias statute 17 suit with effect sureties and pledges taken tenant thereof thereupon tiff trespass unjustly detained unto verdict Wend wherefore writ of replevin
Passatges populars
Pàgina 302 - He shall also, without delay, serve on the defendant a copy of the affidavit, notice and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken ; or if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion ; or if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant.
Pàgina 300 - Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing : 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2.
Pàgina 301 - That it has not been taken for a tax, assessment, or fine, pursuant to a statute...
Pàgina 303 - ... in the same manner as upon bail on arrest; upon such justification, the sheriff shall deliver the property to the defendant.
Pàgina 303 - When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.
Pàgina 229 - Esq., his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made and done, we do bind ourselves, and each of us, our heirs, executors and administrators, and every of them, jointly-and severally, firmly by these presents.
Pàgina 281 - N and conditioned for prosecuting the suit with effect, and without delay, and for duly returning the goods and chattels distrained, in case a return shall be awarded...
Pàgina 205 - Action shall be brought may by a Rule of the same Court, give such Relief to the Parties upon such Bond, as may be agreeable to Justice and Reason ; and such Rule shall have the Nature and Effect of a Defeasance to such Bond.
Pàgina 187 - Replevin is hereby authorized and required to administer) and conditioned for prosecuting the Suit with Effect and without Delay, and for duly returning the Goods and Chattels distrained in case a Return shall be awarded, before any Deliverance be made of the Distress...
Pàgina 159 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.