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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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REPLEADER
When, after issue has been joined in an action, and a verdict given thereon, the pleading is found (on examination) to have miscarried and failed to effect its proper object viz., of raising an apt and material question between the parties, the court will, on motion of the unsuccessful party, More...

When, after issue has been joined in an action, and a verdict given thereon, the pleading is found (on examination) to have miscarried and failed to effect its proper object viz., of raising an apt and material question between the parties, the court will, on motion of the unsuccessful party, award a repleader; that Is, will order the parties to plead de novo for the purpose of obtaining a better issue. Brown. Judgment of repleader differs from a judgment non obstante veredicto, in this: that it is allowed by the court to do justice between the parties where the defect is in the form or manner of stating the right and the issue joined is on an immaterial point, so that it cannot tell for whom to give judgment; while judgment non obstante is given only where it is clearly apparent to the court that the party who has succeeded has, upon his own showing, no merits, and cannot have by any manner of statement 1 Chit PI. 687, 688. Less...
REPLEGIARE
To replevy; to redeem a thing detained or taken by another by putting in legal sureties. -Replegiare de averils. Replevin of cattle. A writ brought by one whose cattle were distrained, or put in the pound, upon any cause by another, upon surety given to the sheriff to prosecute or More...

To replevy; to redeem a thing detained or taken by another by putting in legal sureties. -Replegiare de averils. Replevin of cattle. A writ brought by one whose cattle were distrained, or put in the pound, upon any cause by another, upon surety given to the sheriff to prosecute or answer the action in law. Cowell. Less...
REPLEGIARI FACIAS
You cause to be replevied. In old English law. The original writ in the action of replevin; superseded by the statute of Marlbridge, c. 21. 3 Bl. Comm. 146.

You cause to be replevied. In old English law. The original writ in the action of replevin; superseded by the statute of Marlbridge, c. 21. 3 Bl. Comm. 146. Less...
REPLETION
In canon law. Where the revenue of a benefice is sufficient to fill or occupy the whole right or title of the graduate who bolds it Wharton.

In canon law. Where the revenue of a benefice is sufficient to fill or occupy the whole right or title of the graduate who bolds it Wharton. Less...
REPLEVIABLE, OR REPLEVISABLB
Property is said to be repievlable or re-plevisable when proceedings in replevin may be resorted to for tbe purpose of trying the right to such property.

Property is said to be repievlable or re-plevisable when proceedings in replevin may be resorted to for tbe purpose of trying the right to such property. Less...
REPLEVIN
A personal action em delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it ia the mode of contesting, if the party from whom the goods were taken wishes to have them More...

A personal action em delicto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained for rent,) the validity of which taking it ia the mode of contesting, if the party from whom the goods were taken wishes to have them back in specie, whereas, If he prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a redelivery to the owner of the pledge or thing taken in distress. Wharton. And see Sinnott v. Feiock, 165 N. Y. 444, 59 N. B. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Healey v. Humphrey, 81 Fed. 990, 27 C. 0. A. 89; Mc-Junkln v. Mathers, 158 Pa. 137, 27 Atl. 873; Tracy v. Warren, 104 Mass. 377; Lazard v. Wheeler, 22 Cal. 142; Maclary v. Turner, 9 Houst (Del.) 281, 32 Atl. 325; Johnson v. Boehme, 66 Kan. 72, 71 Pac. 243, 97 Am. St Rep. 357. -Personal replevin. A opedes of action to replevy a man out of prison or out of the custody of any private person. It took the place of the old writ de homine replegiando: but as a means of examining into the legality of an imprisonment it is now superseded by the writ of habeas corptu.-Replevin bond. A bond executed to indemnify the officer who executed a writ of replevin and to indemnify the defendant or person from whose custody the property was taken for such damages as he may sustain. Imel v. Van Deren, 8 Colo. 90, 6 Pac. 803; Walker v. Kennison, 34 N. H. 259. Less...
REPLEVISH
In old English law. To let one to mainprise upon surety. Cowell.

In old English law. To let one to mainprise upon surety. Cowell. Less...
REPLEVISOR
The plaintiff in an action of replevin.

The plaintiff in an action of replevin. Less...
REPLEVY
This word, as used in reference to the action of replevin, signifies to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving security to prosecute an action against the distrainor for the purpose of trying the legality of the distress. It has More...

This word, as used in reference to the action of replevin, signifies to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving security to prosecute an action against the distrainor for the purpose of trying the legality of the distress. It has also been used to signify the bailing or liberating a man. from prison on his finding bail to answer for his forthcoming at a future time. Brown. Less...
REPLIANT, OR REPLICANT
A litigant who replies or files or delivers a replication.

A litigant who replies or files or delivers a replication. Less...

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