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REPLEVIN

Volume 17 · 160 words · 1815 Edition

in Law, a remedy granted on a distress, by which the first possessor has his goods restored to him again, on his giving security to the sheriff that he will pursue his action against the party distraining, and return the goods or cattle if the taking them shall be adjudged lawful.

In a replevin the person distrained becomes plaintiff; and the person distraining is called the defendant or avowant, and his justification an avowery.

At the common law replevins are by writ, either out of the king's-bench or common-pleas; but by statute, they are by plaint in the sheriff's court, and court-baron, for a person's more speedily obtaining the goods distrained.

If a plaint in replevin be removed into the court of king's bench, &c. and the plaintiff makes default and becomes non-suited, or judgment is given against him, the defendant in replevin shall have the writ of retorno habendo of the goods taken in distress. See the next article.