{"id":5990,"date":"2017-11-01T01:36:32","date_gmt":"2017-11-01T01:36:32","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5990"},"modified":"2017-11-01T01:36:32","modified_gmt":"2017-11-01T01:36:32","slug":"writs-of-replevin-return-of-property-that-has-been-taken-to-another-county","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5990","title":{"rendered":"Writs of Replevin – return of property that has been taken to another county"},"content":{"rendered":"

Ground Writ<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>(1822) Hist.<\/em> A writ issued in a county having venue of an action in order to allow a writ of capias ad satisfaciendum<\/em> or of fieri facias<\/em> to be executed in a county where the defendant or the defendant\u2019s property was found. \u00a0These two writs could not be executed in a county other than the county having venue of the action until a ground writ & then a testatum writ were first issued. \u00a0This requirement was abolished in 1852.<\/strong>\u201d<\/strong><\/span><\/p>\n

Testatum Writ<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>[Latin \u201cattested\u201d] (17c.)<\/em> 1. A writ issued in a county where a defendant or a defendant\u2019s property is located when venue lies in another county. \u00a0This writ, when issued after a ground writ, allowed the seizure of the defendant or the defendant\u2019s property in another county. \u00a0<\/strong>Also termed writ of testatum fieri facias<\/em>; writ fi. fa.<\/em>; testatum bill;.testatum writ; latitat<\/em>.\u201d<\/strong><\/span><\/p>\n

\u00a0 \u00a0 The following excerpt from George Crompton’s\u00a0Practice Common-Placed: Rules and Cases of Practice in the Courts of King<\/a>\u00a0<\/em>provides historical & legal context for the “Testatum Writ”:<\/span><\/p>\n

\u00a0 \u00a0\u201c<\/span>But if the defendant had removed into another county, the next process the plaintiff might sue out against him was a testatum bill, directed to the sheriff thereof, which soon gained the name of a latitat, from that word being within it.<\/span>“[2]<\/span><\/strong><\/span><\/p>\n

Writ of executione facienda in withernamium<\/em><\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>[Latin] (17c.) Hist.<\/em> A writ that lay for taking cattle of a person who had taken someone else\u2019s cattle out of the county so that the sheriff could not replevy them.\u201d\u00a0<\/strong><\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]:\u00a0\u00a0All definitions throughout this page from\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0<\/i><\/a>by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]: \u00a01 George Crompton, Practice Common-Placed: Rules and Cases of Practice in the Courts of King<\/em><\/a> \u20195 Bench and Common Pleas xxxv (3d ed. 1787)11<\/span><\/strong><\/span><\/p>\n

Want to help us make this website much better?<\/strong><\/span><\/p>\n

Please Support Our Fundraiser on CrowdPAC<\/a><\/h1>\n","protected":false},"excerpt":{"rendered":"

Ground Writ: \u201c(1822) Hist. A writ issued in a county having venue of an action in order to allow a writ of capias ad satisfaciendum or of fieri facias to be executed in a county where the defendant or the defendant\u2019s property was found. \u00a0These two writs could not be executed in a county other … Continue reading Writs of Replevin – return of property that has been taken to another county<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5360,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-5990","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5990","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5990"}],"version-history":[{"count":1,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5990\/revisions"}],"predecessor-version":[{"id":5992,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5990\/revisions\/5992"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5360"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}