Writ Of Recaption

Legal Definition and Related Resources of Writ of recaption

Meaning of Writ of recaption

In practice. A writ which lies where, pending an action of replevin, the same distrainer takes, for the same supposed cause, the cattle or goods of the same distrainee. See Fitzh. Nat. Brev. 169. This writ is nearly obsolete, as trespass, which is found to be a preferable remedy, lies for the second taking; and, as the defendant cannot justify, the plaintiff, must necessarily recover damages proportioned to the injury.

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This definition of Writ Of Recaption is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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