Replevin For A Cow With No Insurance In Kings

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Kings

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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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 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 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.

Procedure for Obtaining, in Court, a Writ of Replevin The filing of a complaint begins a replevin action. As in other civil actions, the defendant is brought into Court by the service of the summons and the complaint. If the plaintiff establishes the cause of action, the Court must enter an Order granting possession.

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. Law students ever since have studied the case as a classic example of the contracts law doctrine of rescission based on mutual mistake.

Unilateral mistake (where one party is mistaken and the other knows or ought to have known of the mistake). If the mistake relates to the fundamental nature of the offer the contract can be voided.

Dissent (Sherwood, J.) That Sherwood correctly speculated that Rose could be used to breed should not operate to allow Walker to rescind the contract at his leisure. The cow contracted for by the parties was ultimately the cow sold.

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.

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RULE: Detriment or benefit to parties is not enough; there must have been a proper bargain to begin with. Please fill out the green sheet before you testify.Please print, and it is important to complete the form in its entirety. 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. 1939. Tax deeds See: AXATION .. TAXATION. MAHON: Petition of coal-miners of Huntingdon. Scringer and 36 other citizens of Meredosia, Ill. , in the matter of the passage of the. It also requires filing an affidavit in the county or district court where the property is.

Replevin For A Cow With No Insurance In Kings

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