personal replevin – a historical term for an action to replevy a person out of prison or out of another’s custody; replaced by the writ of habeas corpus

     This page is continued from Civil Law Self-Help >>>> Section 5: Commence a Civil Action >>>> Types of Actions >>>> The 11 Historical Common-Law Forms of Action >>>> Forms of Actions to Recover Wrongfully Imprisoned, Detained, or Withheld Persons or Property >>>> Replevin:

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personal replevin:
(1844)

1. At common law, an action to replevy a person out of prison or out of another’s custody.  Personal replevin has been largely superseded by the writ of habeas corpus as a means of investigating the legality of an imprisonment. [1]

1. Ill-chosen terminology for the writ of habeas corpus. [2]

writ of habeas corpus – command that a prisoner (or detainee or someone on probation) be brought before the court to challenge the legality of their custody and demand their release. — aka great writ.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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