Tag: Remedies
-
Treble Damages
In actions arising ex contractu, some statutes give treble damages, and these statutes have been liberally construed to mean actually treble damages; for example, if the jury give twenty dollars damages for a forcible entry, the court will award forty dollars more, so as to make the total […]
-
Writ Pro Retorno Habendo
Writ Pro Retorno Habendo
-
Quia Timet
(Lat. because he fears). A term applied to preventive or anticipatory remedies. According to Lord Coke, there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as, first, a man may have his writ or mesne before he be distrained ; […]
-
Replevin
Legal Definition and Related Resources of Replevin Meaning of Replevin The redelivery of goods . It is a common law remedy available to a plaintiff who is seeking the recovery of the actual goods Wrongfully detained or taken away from him by a […]
-
Contribution
The performance by each of two or more persons jointly liable by contract or otherwise , of his share of the liability . It arises where two or more persons are subject to a common liability other than for fraud or for wilful tort. A sharing of the loss, because of a […]
-
Contribution
The performance by each of two or more persons jointly liable by contract or otherwise , of his share of the liability . It arises where two or more persons are subject to a common liability other than for fraud or for wilful tort. A sharing of the loss, because of a […]
-
Clean Hands
Legal Definition and Related Resources of Clean Hands Meaning of Clean Hands One of the maxims of equity is he who comes into equity must come with clean hands. If, from the plaintiffs own stating or otherwise , the cause of action appears to arise […]
-
Clean Hands
Legal Definition and Related Resources of Clean Hands Meaning of Clean Hands One of the maxims of equity is he who comes into equity must come with clean hands. If, from the plaintiffs own stating or otherwise , the cause of action appears to arise […]
-
Covenant
French covenant, convenant, agreement: Latin convenire, to come together, agree. A promise under seal: as, a covenant to pay rent….
-
Writ Of Quo Warranto
Writ of Quo Warranto
-
Writ Of Quo Warranto
Writ of Quo Warranto
-
Attachment
Legal Definition and Related Resources of Attachment Meaning of Attachment The seizure or taking of property for the purpose of placing same under the control of the court and held to satisfy a judgment to be obtained. Russell v Fred G. Pohl Co., […]
-
Habere Facias Possessionem
(Lat.) In practice. A writ of execution in the action of ejectment. The sheriff is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described. A fi. fa. or ca. sa. for costs may be included in the writ. The duty […]
-
In Personam
Legal Definition and Related Resources of In personam Meaning of In personam (Lat.) A remedy where the proceedings are against the person, in contradistinction to those which are against specific things, or in rem. 1 Bouv. Inst, note 2646. […]
-
Trespass
A transgression of law. It is a general term encompassing within itself any unlawful act against the person of another or his property accompanied with violence , either actual or implied . Violence will be implied where the injury or damage is of a direct and immediate […]