Replevin For A Cow In Oakland

Category:

Civil Actions - Replevin

State:

Multi-State

County:

Oakland

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

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.

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.

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 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.

If your dog has been taken wrongfully, perhaps by a family member, or ex non-marital partner, it is possible to use the property status of your animal to obtain a judgment. Replevin is an effective civil remedy to get your dog back.

Replevin is one of a group of remedies for conversion, the wrongful taking or withholding of personal property.

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.

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court.

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In California, replevin cases are typically filed in the Superior Court of the county where the property is located or where the defendant resides. The process of starting a replevin action usually begins with filing a complaint.A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. In turn, Sherwood brought suit in the Justice Court of Plymouth, Michigan, and obtained a writ of replevin for possession of the cow. Because the fertile cow was worth considerably more than the agreedupon price, the defendants refused to deliver the cow. A bezoar stone is a growth in the alimentary organs of a cow or other ruminant believed to have magical powers. It doesn't matter if D lawfully purchased the property – P's cow is in his hands and if trover or conversion lie, P gets damages. d. Omaha Public Power Dist. These forms must be filled out and submitted to the Clerk of the Court together.

Replevin For A Cow In Oakland

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How to file a replevin action in NYS?

How to file a replevin action in California?

What do you need to prove to win a replevin case?

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

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

Can you get a writ of replevin for a dog?

Is replevin a remedy for conversion?

Is replevin a legal remedy?

What is the legal term replevin?

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