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Simple English definitions for legal terms
elongavit
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A quick definition of elongavit:
Term: ELONGAVIT
Definition: Elongavit is a Latin word that means "he has eloigned." In legal terms, it refers to a situation where a garnishee (someone who owes money to a defendant) has hidden or removed goods so that they cannot be appraised. When this happens, the serjeant-at-mace (an officer of the court) will make a return stating that the goods have been eloigned. The plaintiff (the person who is owed money) can then ask for an inquiry into the missing goods. A jury will assess the situation and make a decision.
A more thorough explanation:
Definition: Elongavit (ee-lawng-gay-vit) is a Latin term used in a legal proceeding by foreign attachment. It refers to the serjeant-at-mace's return that the garnishee has removed the goods, so they cannot be appraised.
Example: In a court case, the plaintiff claimed that the defendant owed them money. The court ordered a foreign attachment, which allowed the serjeant-at-mace to seize the defendant's goods to pay off the debt. However, when the serjeant-at-mace went to seize the goods, they found that the defendant had removed them. The serjeant-at-mace then made a return of "elongavit," indicating that the goods had been removed and could not be appraised.
Explanation: The example illustrates how the term "elongavit" is used in a legal context. It shows that the defendant has removed the goods, making it impossible for the court to seize and sell them to pay off the debt. In such cases, the court may order an inquiry into the missing goods to determine their value and whether they can be recovered.