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WRIT SEIZURE [5 records]

Record 1 2014-02-21

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
  • Tort Law (common law)
CONT

In connection with an ordinary action, it should be borne in mind that a wrongful distress may be either illegal, excessive or irregular. If there was no right of distress at all, or if, although there was a right of distress, a wrongful act had been committed at the beginning of the levy(for example, in the time of entry or the seizure of privileged goods), the distress is illegal. If, although a right of distress exists, a wrongful act has been committed in the seizure of more goods than were reasonably necessary to satisfy the claim, the distress is excessive. And if, although a right of distress exists, a wrongful act has been committed at some stage of the proceedings subsequent to the seizure, the distress is irregular. Since the passing of the Judicature Acts, these distinctions are of much less importance than they used to be; for now, in every case of wrongful distress, the writ may be simple endorsed. "The plaintiff's claim is for damages for improper distraining. "(Adkin's Landlord and Tenant, p. 126)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
  • Droit des délits (common law)
OBS

saisie-gagerie excessive : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

Save record 1

Record 2 2014-02-21

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

In connection with an ordinary action, it should be borne in mind that a wrongful distress may be either illegal, excessive or irregular. If there was no right of distress at all, or if, although there was a right of distress, a wrongful act had been committed at the beginning of the levy(for example, in the time of entry or the seizure of privileged goods), the distress is illegal. If, although a right of distress exists, a wrongful act has been committed in the seizure of more goods than were reasonably necessary to satisfy the claim, the distress is excessive. And if, although a right of distress exists, a wrongful act has been committed at some stage of the proceedings subsequent to the seizure, the distress is irregular. Since the passing of the Judicature Acts, these distinctions are of much less importance than they used to be; for now, in every case of wrongful distress, the writ may be simple endorsed. "The plaintiff's claim is for damages for improper distraining".(Adkin's Landlord and Tenant, p. 126)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

saisie-gagerie fautive : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

Save record 2

Record 3 2013-03-06

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

In connection with an ordinary action, it should be borne in mind that a wrongful distress may be either illegal, excessive or irregular. If there was no right of distress at all, or if, although there was a right of distress, a wrongful act had been committed at the beginning of the levy(for example, in the time of entry or the seizure of privileged goods), the distress is illegal. If, although a right of distress exists, a wrongful act has been committed in the seizure of more goods than were reasonably necessary to satisfy the claim, the distress is excessive. And if, although a right of distress exists, a wrongful act has been committed at some stage of the proceedings subsequent to the seizure, the distress is irregular. Since the passing of the Judicature Acts, these distinctions are of much less importance than they used to be; for now, in every case of wrongful distress, the writ may be simple endorsed. "The plaintiff's claim is for damages for improper distraining".(Adkin's Landlord andTenant, p. 126)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

saisie-gagerie irrégulière : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

Save record 3

Record 4 2012-05-17

English

Subject field(s)
  • Rules of Court
  • Tort Law (common law)
DEF

The bond required of the plaintiff in an action in replevin in obtaining a writ or requisition for the seizure of the property by an officer during the course of the proceeding and before judgment in the action, conditioned for the prosecution of the action, for the return of the property if return thereof is adjudged, and for the payment of such sum as may... be recovered in the action against the plaintiff, the bond being primarily for the protection of the defendant in the event the plaintiff does not prevail.

French

Domaine(s)
  • Règles de procédure
  • Droit des délits (common law)
OBS

Le recouvrement en replevin est conditionnel au dépôt d'un cautionnement par la personne qui l'exerce, lequel devient nul en cas de restitution du bien faisant l'objet de l'action.

Spanish

Save record 4

Record 5 2001-01-24

English

Subject field(s)
  • Property Law (common law)
OBS

Of property sold after seizure pursuant to a writ of execution.

French

Domaine(s)
  • Droit des biens et de la propriété (common law)

Spanish

Save record 5

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