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.
Replevin For A Cow For In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000265
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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.
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.