A Practical Treatise On the Law of Replevin in the United States With An Appen
A Practical Treatise On the Law of Replevin in the United States With An Appen
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OF THE EXECUTION.
The plaintiff in replevin is entitled to execution by fieri facias, and capias ad satisfaciendum, and in England by elegit.
There are several executions for the defendant. First, on the judgment of retorno habendo, at common law, he is entitled to his writ of retorno habendo, ^ by which the sheriff is commanded to cause the goods and chattels to be returned to him. This it is seldom possible for the sheriff to do. The distress creates no lien upon the goods, and they remain in... the hands of the plaintiff in replevin, liable to any subsequent distress, or to any dis- position which he may choose to make of them.^ ^ A doubt is expressed bj the supreme court, in Gibbs v. Bartlett, 2 W. & S. 34, as to whether this writ was ever issued in Pennsylvania: tliere are numerous instances of it on the records of the courts of the city and county of Pliiladelphia.
* Woglan V. Cowperthwaite, 2 Dall. 68. Bradyll v. Ball, 1 Brown's Ch. Rep. 427. Frey v. Leeper, 2 Dall. 131. See Appendix, Stat.
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To quickly assess the difficulty of the text, read a short excerpt:
OF THE EXECUTION.
The plaintiff in replevin is entitled to execution by fieri facias, and capias ad satisfaciendum, and in England by elegit.
There are several executions for the defendant. First, on the judgment of retorno habendo, at common law, he is entitled to his writ of retorno habendo, ^ by which the sheriff is commanded to cause the goods and chattels to be returned to him. This it is seldom possible for the sheriff to do. The distress creates no lien upon the goods, and they remain in... the hands of the plaintiff in replevin, liable to any subsequent distress, or to any dis- position which he may choose to make of them.^ ^ A doubt is expressed bj the supreme court, in Gibbs v. Bartlett, 2 W. & S. 34, as to whether this writ was ever issued in Pennsylvania: tliere are numerous instances of it on the records of the courts of the city and county of Pliiladelphia.
* Woglan V. Cowperthwaite, 2 Dall. 68. Bradyll v. Ball, 1 Brown's Ch. Rep. 427. Frey v. Leeper, 2 Dall. 131. See Appendix, Stat.
What to read after A Practical Treatise On the Law of Replevin in the United States With An Appen?
You can find similar books in the "Read Also" column, or choose other free books by Phineas Pemberton Morris to read onlineMoreLess
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