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Simple English definitions for legal terms
de retorno habendo
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A quick definition of de retorno habendo:
Term: DE RETORNO HABENDO
Definition: De retorno habendo is a Latin term used in law that means "for having a return." It applies to three situations: (1) when a defendant wins a replevin action, (2) when a writ of execution is issued for a defendant who has won a replevin action, and (3) when a plaintiff provides a surety at the beginning of a replevin action.
A more thorough explanation:
De retorno habendo is a Latin term used in law that means "for having a return." It applies to:
- A judgment for a defendant in a replevin action
- A writ of execution for a defendant awarded judgment in a replevin action
- A surety provided by a plaintiff at the beginning of a replevin action
Example 1: If a defendant wins a replevin action, they may be granted a judgment de retorno habendo, which means they are entitled to have their property returned to them.
Example 2: If a defendant is awarded judgment in a replevin action, they may be granted a writ of execution de retorno habendo, which allows them to take possession of the property in question.
Example 3: At the beginning of a replevin action, a plaintiff may be required to provide a surety de retorno habendo, which is a guarantee that they will return the property to the defendant if they lose the case.
These examples illustrate how de retorno habendo is used in different aspects of a replevin action, which is a legal process used to recover property that has been wrongfully taken or detained. The term ensures that the rightful owner of the property is able to regain possession of it, either through a judgment, writ of execution, or surety.