A Practical Treatise on the Law of Replevin in the United States: With an Appendix of Forms, and a Digest of Statutes

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Kay & Brother, 1849 - 316페이지
 

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302 페이지 - He shall also, without delay, serve on the defendant a copy of the affidavit, notice and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken ; or if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion ; or if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant.
300 페이지 - Where a delivery is claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing : 1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2.
301 페이지 - That it has not been taken for a tax, assessment, or fine, pursuant to a statute...
303 페이지 - ... in the same manner as upon bail on arrest; upon such justification, the sheriff shall deliver the property to the defendant.
303 페이지 - When the sheriff shall have taken property, as in this chapter provided, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking, and his necessary expenses for keeping the same.
229 페이지 - Esq., his certain attorney, executors, administrators, or assigns: to which payment well and truly to be made and done, we do bind ourselves, and each of us, our heirs, executors and administrators, and every of them, jointly-and severally, firmly by these presents.
281 페이지 - N and conditioned for prosecuting the suit with effect, and without delay, and for duly returning the goods and chattels distrained, in case a return shall be awarded...
205 페이지 - Action shall be brought may by a Rule of the same Court, give such Relief to the Parties upon such Bond, as may be agreeable to Justice and Reason ; and such Rule shall have the Nature and Effect of a Defeasance to such Bond.
187 페이지 - Replevin is hereby authorized and required to administer) and conditioned for prosecuting the Suit with Effect and without Delay, and for duly returning the Goods and Chattels distrained in case a Return shall be awarded, before any Deliverance be made of the Distress...
159 페이지 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.

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