This case has been cited 4 times or more.
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2009-06-05 |
NACHURA, J. |
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| Replevin is one of the most ancient actions known to law, taking its name from the object of its process.[22] It originated in common law as a remedy against the wrongful exercise of the right of distress for rent[23] and, according to some authorities, could only be maintained in such a case.[24] But by the weight of authority, the remedy is not and never was restricted to cases of wrongful distress in the absence of any statutes relating to the subject, but is a proper remedy for any unlawful taking.[25] "Replevied," used in its technical sense, means delivered to the owner,[26] while the words "to replevy" means to recover possession by an action of replevin.[27] | |||||
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2008-01-23 |
NACHURA, J. |
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| Replevin is an action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one who has wrongfully distrained or taken, or who wrongfully detains such goods or chattels. It is designed to permit one having right to possession to recover property in specie from one who has wrongfully taken or detained the property.[30] The term may refer either to the action itself, for the recovery of personalty, or to the provisional remedy traditionally associated with it, by which possession of the property may be obtained by the plaintiff and retained during the pendency of the action.[31] | |||||
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2007-03-28 |
CARPIO MORALES, J. |
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| On to the substantive issues. Tillson v. Court of Appeals[15] discusses the term replevin as follows:The term replevin is popularly understood as "the return to or recovery by a person of goods or chattels claimed to be wrongfully taken or detained upon the person's giving security to try the matter in court and return the goods if defeated in the action;" "the writ by or the common-law action in which goods and chattels are replevied," i.e., taken or gotten back by a writ for replevin;" and to replevy, means to recover possession by an action of replevin; to take possession of goods or chattels under a replevin order. Bouvier's Law Dictionary defines replevin as "a form of action which lies to regain the possession of personal chattels which have been taken from the plaintiff unlawfully x x x, (or as) the writ by virtue of which the sheriff proceeds at once to take possession of the property therein described and transfer it to the plaintiff upon his giving pledges which are satisfactory to the sheriff to prove his title, or return the chattels taken if he fail so to do; the same authority states that the term, "to replevy" means " to re-deliver goods which have been distrained to the original possessor of them, on his giving pledges in an action of replevin." The term therefore may refer either to the action itself, for the recovery of personality, or the provisional remedy traditionally associated with it, by which possession of the property may be obtain[ed] by the plaintiff and retained during the pendency of the action. (Emphasis and underscoring supplied; citations omitted) | |||||
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2003-02-27 |
BELLOSILLO, J. |
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| A "stranger" or "third person" is any person other than the judgment debtor or his agent,[10] a class of parties that indubitably excludes complainant Go. In Tillson v. Court of Appeals[11] we held that a party to the action has "no business filing a third-party claim over property involved in that action and which he himself claims to belong to him."[12] The remedy of complainants is "to ask the court for relief against any alleged errors, excesses or irregularities of the sheriff x x x which the court itself could as easily and expeditiously grant."[13] | |||||