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 Personal replevin has been largely superseded by the writ of habeas corpus as a means of investigating the legality of an imprisonment.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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