A Treatise on the Law of Replevin: As Administered in the Courts of the United States and England

Sprednja platnica
Banks, 1907 - 807 strani
 

Vsebina

The rights of the parties at the time the return is asked will
38
Distinction between trespass trover and replevin
47
page
55
Certainty of interest required
60
The right of an officer to break and enter a dwelling to take
62
Gift
66
Husband and wife
72
CHAPTER III
87
Chattels fixed to the land of another without his consent 77 78
96
General ownership not necessarily determined in the action
102
CHAPTER IV
104
Prior rightful possession when sufficient 109112
112
Liens 123125
118
Goods lost at sea
126
POSSESSION BY THE DEFENDANT
130
Where defendant has put the goods out of his possession
136
The same Illustrations of the rule 497 498
141
Tenants in common page 142 1
142
Landlord reserving a share of the crop cannot sustain replevin
148
Purchaser of one joint tenants interest at sheriffs sale
150
Death of one partner who entitled to the partnership property 159
159
When the sufficiency of description is a question for the jury 175
160
Goods distinguished by marks or by separation 195
168
Mixture of grain when each owner may take his share 203207
169
Owner should reclaim his property before its value is greatly
179
Nature of Mortgagees Estate
186
Record notice precedence
192
Mortgagor retaining possession contrary
199
Mortgagees right to possession
207
Mortgage of wifes separate property
213
The action permitted where the plaintiff does not ask delivery
224
The prohibition extends to goods seized for payment of a fine
231
Does not lie for cattle legally impounded
233
Parties bound to know the sheriff 288
234
Of the right of a person to take possession of his goods which have
237
Cross replevins not allowed
244
Does not lie at the suit of a defendant in execution against
248
Writ of return authorizes seizure only from the person named
250
The exemption a personal privilege
257
Jurisdiction of the Federal Courts
265
And that it issue from a court of competent jurisdiction to issue
271
Justification generally page
280
A trespasser acquires no title and can convey none by any sale 309
290
Replevin lies where a bailee without authority pledges goods
296
The defense by sheriff when goods seized are replevied from
302
Replevin against attaching creditors in such cases 324
305
Replevin of stolen goods does not depend on the conviction
308
Rule where goods fraudulently purchased are taken in payment
311
Rule where the vendor stipulates to retain title or possession until
312
What is rightful possession
365
What is prosecution with effect 416
372
Actual delivery of the goods on the writ precedes liability on
380
Rights of the securities 429431
382
Proceedings on the bond governed by statute 440
388
Miscellaneous rules in suit on bond 450
395
THE WRIT
419
Actual return in as good order a compliance with this condition
426
Writ duty to issue page
428
Return of the young of animals born after suit began 500
433
Adjudged only when the defendant claims it 487 488
436
The writ of return must describe the goods 510
447
Depreciation in value a proper element of damages 535
448
Where the suit is dismissed for informality 517519
453
Compensation the object of the award 530
460
Interest as a measure of damages 537
465
Qualifications of the rule Suit must be brought within a reason
472
Trepasser cannot recover for his labor in increasing the value
479
Loss of real or probable profits 574
485
Where the successful party has only a limited interest 584586
490
When a defendant pleads property in a third person 492
492
Trees cut on land of another by mistake
509
PARTIES
519
A father may sue for property of his minor child 643
525
Judgment for return generally follows a verdict for the
532
When taking was wrongful damage estimated from the time
534
CHAPTER XX
539
Must state that the property was not taken for any tax assessment
545
It must contain a correct description of the property Amendments 665
551
PLEADING BY DEFENDANT
560
Replication 698
568
This applies only in replevin
580
Evidence presumptions 66
587
PLEA OF NON CEPIT AND NON DETINET
603
CHAPTER XXIII
610
Must be certain 769
617
The verdict
622
Party who acts in defiance of anothers rights is responsible
623
Value of property when must be found
630
Description of the goods
642
Effect of payment of judgment for value 779 780
648
The same Must be drawn to meet the proofs 671
671
CHAPTER XXV
672
Time to which the inquiry is directed page
674
The same An averment of a right of possession sufficient 677
677
Limitations page
680
Justice of the Peace jurisdiction page
687
Destruction or loss of the goods
728
Vindictive damages against officers of the
803

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 221 - ... and that the same has not been taken for any tax, assessment or fine, levied by virtue of any law of this state; nor seized under any execution or attachment against the goods and chattels of such plaintiff, liable to execution.
Stran 668 - ... must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Stran 454 - ... a railroad," used in said article 4560Í, apply to and include the railroad operated by appellant, as shown by the record in this case. Appellant's sixth assignment of error complains of the following paragraph of the court's charge: "Should you find for plaintiff, you will assess his damages at such sum as will compensate him for the Injury he has sustained...
Stran 599 - The complaint alleged that the plaintiff was the owner and entitled to the possession of the lots, and that defendant was In possession thereof, claiming some interest or estate therein.
Stran 241 - ... a special property in the goods, and may maintain an action for them. But if the same goods may be taken in execution at the same time by the marshal and the sheriff, does this special property vest in the one, or the other, or both of them? No such case can exist; property once levied on remains in the custody of the law, and it is not liable to be taken by another execution in the hands of a different officer, and especially by an officer acting under a different jurisdiction.
Stran 168 - Blackstone refers to this case in support of his text, that 'our law to guard against fraud gives the entire property, without any account to him whose original dominion is invaded and endeavored to be rendered uncertain without his own consent.
Stran 661 - The defendant may set forth by answer as many defenses and counterclaims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Stran 53 - Replevin lies for all goods and chattels unlawfully taken or detained, and may be brought whenever one person claims personal property in the possession of another; and this whether the claimant has ever had possession or not, and whether his property in the goods be absolute or qualified, provided he has the right to the possession.
Stran 478 - Its value to the owner may greatly exceed the sum that any purchaser would be willing to pay. The value to the owner may be enhanced by personal or family considerations, as in the case of family pictures, plate, etc., and we do not doubt that the 'pretium affectionis,' Instead of the market price, ought then to be considered by the Jury or court, In estimating the value.
Stran 111 - ... must recover on the strength of his own title, and not on the weakness of his adversary's.

Bibliografski podatki