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Record 1,  Textual support,  English

Record number: 1, Textual support number: 1 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)  1, record 1, English, - excessive%20distress

Record 1,  Textual support,  French

Record number: 1, Textual support number: 1 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).  2, record 1, French, - saisie%2Dgagerie%20excessive

Record 1,  Textual support,  Spanish

Record 2,  Textual support,  English

Record number: 2, Textual support number: 1 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)  1, record 2, English, - wrongful%20distress

Record 2,  Textual support,  French

Record number: 2, Textual support number: 1 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).  2, record 2, French, - saisie%2Dgagerie%20fautive

Record 2,  Textual support,  Spanish

Record 3,  Textual support,  English

Record number: 3, Textual support number: 1 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)  1, record 3, English, - irregular%20distress

Record 3,  Textual support,  French

Record number: 3, Textual support number: 1 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).  2, record 3, French, - saisie%2Dgagerie%20irr%C3%A9guli%C3%A8re

Record 3,  Textual support,  Spanish

Record 4,  Textual support,  English

Record number: 4, Textual support number: 1 DEF

The bad-faith joinder of a party, usually a resident of the state, to prevent removal of a case to federal court.  2, record 4, English, - fraudulent%20joinder

Record number: 4, Textual support number: 1 CONT

In order to defeat federal court jurisdiction, it is improper but possible for a complaint to be filed in state court naming a non-diverse defendant "fraudulently, "i. e., naming a defendant against whom a good faith claim could not be asserted solely for the purpose of defeating federal court jurisdiction. An action wherein "fraudulent joinder" has occurred may nonetheless be removed. Fraudulent joinder is a judicially created exception to the requirement of complete diversity.  3, record 4, English, - fraudulent%20joinder

Record 4,  Textual support,  French

Record 4,  Textual support,  Spanish

Record 5,  Textual support,  French

Record 5,  Textual support,  Spanish