Replevin For A Cow For In Alameda

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Alameda

Control #:

US-000265

Format:

Instant download

Description

This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

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FAQ

The court reversed the lower court's judgment in favor of Sherwood and granted a new trial, ruling that if both parties operated under a mutual mistake of a material fact regarding the cow's condition, the contract was voidable.

The Michigan Supreme Court in 1887 declared in Sherwood v. Walker that, because a mutual mistake affecting the substance of the transaction had been made, Hiram Walker had a right to rescind the contract and keep the cow.

For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).

The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.

Replevin (/rɪˈplɛvɪn/) or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

Alternative Legal Actions Other legal remedies may be more appropriate than a replevin action, depending on why the court denied the replevin action. These might include: An action for monetary damages. A claim for trespass to chattels, based on substantial interference with the use of your personal property.

In its simplest terms, replevin is a procedure whereby seized goods are restored to their owner (creditor) at the beginning of a lawsuit. If you ever find yourself in the unfortunate position of needing to retrieve vehicles, equipment, or any personal property in California, the replevin is a very useful tool.

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Local Forms, Adoption Forms, Family Law Forms, Juvenile Forms, Probate and Court Investigator's Forms, Small Claims Forms, Traffic Forms A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property.Chicago (Iowa 1882): Defendant's train ran over plaintiff's cow. Most court documents are provided as PDF files. Customer: This is my order for replevin. Can someone please show me the writ of replevin documentation I CAN fill out. 1119 lays down the procedure for filling out. Fill out a Small Claims Summons and Complaint form or Summons for Consumer Replevin form. Beef, 150 ox and cow hides. Josiah Henson was born June 15, 1789, on a farm in Charles County, Maryland, where his mother was hired out.

Replevin For A Cow For In Alameda

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Who won in Sherwood v Walker?

Who won the case of Sherwood v. Walker, Michigan Supreme Court 1887 at the trial court level?

What is an example of a replevin case?

How to file for replevin?

How to file a replevin?

What is an example of a replevin?

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What is the alternative to replevin?

What is the replevin law in California?

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