Page:Black's Law Dictionary (Second Edition).djvu/1027

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REPLEVIN

be resorted to for the purpose of trying the right to such property.

REPLEVIN. A personal action es de- iiclo brought to recover possession of goods ualaxvtully taken, (generally, but not only. applicable to the taking of goods distraincd for rent.) the validity of which taking it is the mode of contesting, if the party from whom the goods were taken wishes to have Umm back in specie, whereas, if he prefer to have damages instead, the validity may be Loutested by action of trespass or unlawful distress The word means a redeliiery to the owner of the pledge or thing taken in distress “liarton. And see Slnnott v. Felocii, 165 N. ‘I. 444, 59 N. E. 26.‘). 53 L. R A. 565. 80 Am. St. Rep. 736; Henley v. i-laniphrey. 81 Fed. 990, 27 C. C. A. 39: Mc- Juukia v. Mathers. 158 Pa. 137. 27 At]. 873: Tracy v Warren. 104 Mass. 377; Lavard v. “iieeler, 22 Cal. 14.2: \iadar5' v. Turner, 9 ilonst. (Dol.) 2S1. 32 Atl. 3'15; Johnson v. Boclinie. 66 Kim. 72, 71 Pac. 243, 97 Am. St. Rep. 357.

—-Personal x-eplevin. A species of action to rcplcvy a man out of prison or out of the custody of any private person. ‘it took the place of the old writ do Izomin-e regplegiando; but, as a means of examining into the legality of an imprisonment, it is now superseded by the writ of lmbrns corpu..v.-Replevin band. A hond executed to indomniiy the offici-r who etecuted I writ of replevin and to indemnify the defend- ant or person from whose custody the propcity uaa taken for such dainagrs as he may sustain. liuel v. Van Daren, 8 Co . 5 Pac. 803: Walker v. Iiennison. 3-1 N.

REPLEVISH. let one to rnaluprise upon surety.

In old Englsh law. To Cowell.

REPLEVISOR. lion of replevin.

The plaintiff in an ac-

REPLEVY. This word, as used in ref- crence to the action of repleviu, signifies to redeliver goods nhlch have been distraiued, to the original possessor of them. on his pledging or giving security to prosecute an action against the distralnor for the purpose of tryhig the leg illty of the distress. It has also been used to signify the bailing or liber- ating a man from prison on his finding bail to answer for his forthconihig at a future time Bi'own.

REPLIANT, or REPLICANT. A litigant who replies or dies or delivers a replication.

REPIJCARE. Lat. In the civil law and old English pleading. To reply; to answer a defendant's plea

REPLICATIO.}} Lat. In the civil law and old English pleading. The plaintiffs answer to the (lefeudanfs exception or plea: corresponding with and giving name to the 1'cpIi('nti'on in modern pleading. Inst. 4, 1-1, pr.

1019

REPORTS. TEE

REPLICATION. In pleading. A reply made by the plnintiir in an action to the defendant's plea, or in a suit in chancery to the defendant's answer.

General and special. In equity practice, a general replication is a general denial of the truth of defendant's plea or answer, and of the sufiiciency of the matter alleged in it to bar the piainu'lI's suit, and an assertion of the truth and aufliciency of the bill. A special replication is occasioned by the defendant's introducing new matter into his plea or answer, which makes it necessary for the plaintiff to put in issue some additional fact on his part in avoidance of such new matter. Vnnhihher v. Beirne, 6 W. Va.

REPLY. In its general sense, a reply is what the plalntiif. petitioner_ or other person who has instituted a proceeding says in answer to the defendant's case. Sweet.

On trial or argument. When a case is tried or argued in court, the speech or argu— ment of the plaintiff in answer to that of the defendant is called his “reply."

Under the practice of the chariccry and common-law courts, to reply is to die or de- liver a replication, (q. 12.)

Under codes of reformed procedure, "reply” is very generally the name of the pleading which corresponds to “replication” in common-law or equity practice.

REPONE. In Scotch practice. To replace; to restore to a former state or right. 2 Alls. Crhn. Pr. 351.

REPORT. An official or formal statement of facts or proceedings.

In practice. The formal st.-itenient in writing made to a court by a master in chucnery, a clerk, or referee, as the result of his inquiries into some matter referred to him hy the court.

The name is also applied (usually in the plural) to the published volumes, appearing periodically, containing accounts of the various cuses argued and determined in the courts, with the decisions thercon.

Lord Coke defi_nes_ “repoi_1" to be "a puhlic relation, or a hrinmng again to I1lEIl]0l'_V_ casns judicially argued. debated. resolved, or ndmdzcd in any of the kings courts of justice. together with such causes and reasons ns_wcre delivered by the judges of the same." Co. Lift. 29/3. —Report of committee. The report of a leglslathe committee is that communication which the chairman of the committee m as to the house at the close of the invest oaiion upon which it has been engaged. Broi\_n.—1‘tepnrt office. A department of the liluglish court of ciinncery. The suitors’ account there is discontinued by the 15 & 16 Vict. c. 87, § 36.

REPORTER. A person who reports tindecisions upon questions of law in the cases adjudged in the several courts of law and equity. Wharton.

REPORTS, TI-IE. The name given, pm- ewclleiice, to Lord Coke's Reports, from 14

Eliz. to 13 Jam. 1., which are cited as “Rep.”