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In his time, the form of the writ was a demand for a sum of money which could be issued for various reasons. "Debt" or detinue could be demanded for return of the loan of money, the price of sale, the loan of a chattel, letting to hire, or a deposit. The writ was available for a creditor against a surety on the default of the principal debtor.
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. [1] A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.
New York common law has always distinguished between the mere "display" and brandishing or pointing of a gun and the actual use of "deadly force". Thus, the victim of an imminent crime in New York, has always been legally justified under the Common Law to safely display, brandish, or point a firearm as necessary to prevent an imminent injury to ...
The mere claim by the distrainor that he had a right to the chattels distrained was a technicality that ended the action in replevin. It was then necessary to re-file using a new writ invented in the early fourteenth century, called the writ de proprietate probanda – a writ "concerning the proof of ownership". [26] [24]
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...
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