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单词 writ of recaption
释义

Writ of recaption


(Law) a writ to recover damages for him whose goods, being distrained for rent or service, are distrained again for the same cause.- Wharton.

See also: Recaption

Writ of recaption


WRIT OF RECAPTION, practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same distrainee. See F. N. B. 169.
2. This writ is nearly obsolete, as trespass, which is found to be a preferable remedy, lies for the second taking; and, as the defendant cannot justify, the plaintiff must necessarily recover damages proportioned to the injury.

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