KFLCC Kingdom Law 2nd Ed.

REPORTS, THE

REPLEVIN

1019

be resorted to for the purpose of trying the right to such property. REPLEVIN. A personal action ex de licto brought to recover possession of goods unlawfully taken, (generally, but not only, applicable to the taking of goods distrained 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 them back in specie, whereas, if he prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a redelivery to the owner of the pledge or thing taken in distress. Wharton. And see Sinnott v. Felock, 165 N. Y. 444, 59 N. E. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Healey v. Humphrey, 81 Fed. 990, 27 C. C. A. 39; Mc Junkin v. Mathers, 158 Pa. 137, 27 Atl. 873 ; Tracy v. Warren, 104 Mass. 377; Lazard v. Wheeler, 22 Cal. 142; Maclary v. Turner, 9 Houst (Del.) 281, 32 Atl. 325; Johnson v. Boehme, 66 Kan. 72, 71 Pac. 243, 97 Am. St Rep. 357. — Personal replevin. A species of action to replevy a man out of prison or out of the cus tody of any private person. It took the place of the old writ de homine replegiando; but, as a means of examining into the legality of an imprisonment, it is now superseded by the writ of habeas corpus — Replevin bond. A bond executed to indemnify the officer who executed a writ of replevin and to indemnify the defend ant or person from whose custody the property was taken for such damages as he may sustain. Imel v. Van Deren, 8 Colo. 90, 5 Pac. 803; Walker v. Kennison, 34 N. H. 259. In old English law. To let one to mainprise upon surety. Cowell. REPLEVISOR. The plaintiff in an ac tion of replevin. REPLEVY. This word, as used in ref erence to the action of replevin, signifies to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving security to prosecute an action against the distrainor for the purpose of trying the legality 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 forthcoming at a future time. Brown. REPLIANT, or REPLICANT. A liti gant who replies or files or delivers a repli cation. REPLICARE. Lat In the civil law and old English pleading. To reply; to an swer a defendant's plea. REPLICATIO. Lat In the civil law and old English pleading. The plaintiff's answer to the defendant's exception or plea; corresponding with and giving name to the replication in modern pleading. Inst 4, 14, pr. REPLEVISH.

REPLICATION. In pleading. A reply made by the plaintiff in an action to the defendant's plea, or in a suit in chancery to In equity practice, a general replication is a general denial of the truth of defendant's plea or answer, and of the sufficiency of the matter alleged in it to bar the plaintiff's suit, and an assertion of the truth and sufficiency 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. Vanbibber v. Beirne, 6 W. Va. 180. REPLY. In its general sense, a reply is what the plaintiff, petitioner, or other per son 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 chancery and common-law courts, to reply is to file or de liver a replication, (g. v.) Under codes of reformed procedure, "re ply" is very generally the name of the plead ing which corresponds to "replication" in common-law or equity practice. REPONE. In Scotch practice. To re place; to restore to a former state or right. 2 Alls. Crim. Pr. 351. REPORT. An official or formal state ment of facts or proceedings. In practice. The formal statement in writing made to a court by a master in chan cery, a clerk, or referee, as the result of his inquiries into some matter referred to him by the court. The name Is also applied (usually in the plural) to the published volumes, appearing periodically, containing accounts of the va rious cases argued and determined in the courts, with the decisions thereon. i Lord Coke defines "report" to be "a public relation, or a bringing again to memory cases judicially argued, debated, resolved, or adjudged in any of the king's courts of justice, together with such causes and reasons as were delivered by the judges of the same." Co. Litt. 293. —Report of committee. The report of a leg islative committee is that communication which the chairman of the committee makes to the house at the close of the investigation upon which it has been engaged. Brown.— Report office. A department of the English court of chancery. The suitors' account there is discon tinued by the 15 & 16 Vict c. 87, § 36. A person who reports the decisions upon questions of law in the cases adjudged in the several courts of law and equity. Wharton. REPORTS, THE. The name given, par excellence, to Lord Coke's Reports, from 14 Eliz. to 13 Jac L, which are cited as "Rep." the defendant's answer. General and special. REPORTER.