1122 INDEX TO NOTES.

REPLEADEB—

See COSTS.

REPLEVIN—

scope of action of, 130-131.

when action will not lie, 131-132.

who may maintain, 130-133, 134.

where maintainable, 133.

parties, 131.

declaration, 132-133.

pleas, 132.

replication., 132.

miscellaneous matters of pleading:, 137-138.

defenses, 138 et seq.

burden of proof, 132.

elements and measure of damages, 133-134.

trial and verdict, 132, 134.

judgment, 133, 134, 141.

what is concluded by judgment in action of, 130-131; judgment of

nonsuit, 141.

enforcement of judgment, 134.
forceable execution of writ of, 85.
practice in, where defendant fails to appear, 130.
capias in withernam in, and proceedings thereunder, 235.
plaintiff's bond, as pre-requisite to delivery of goods, 134-135.
sufficiency of bond or pledges, 135-136.

bond as substitute for pledges under English statute, 135.
liability of sheriff or clerk for taking insufficient bond or pledges,

or for failing to take any, 135-136, 137.
liability where bond lost, 136.
construction and effect of bond, 137.
action on bond, in England, 135, 136.
production of bond upon writ of inquiry thereon, 140.
measure of damages recoverable in action on bond, 136, 140.
defenses available to sureties, 136.
equitable relief in favor of sureties, 136-137.
retorno habendo bond, when available, 135.
power of parties over goods taken under bond, or recovered under

retorno habenda bond, 137.
when second action not maintainable, 141.
avowry, etc. by landlord seised in fee, without naming tenant,

373-374.

Stat. 17 Car. 2, ch. 7, relative to, in distress proceedings, 669-671.
cafias ad respondendum in, abolished, 235.
alias and phmes writs of, 235.
recovery of damages and costs by defendant, in certain cases,

363-364.

remedy if beasts impounded in house or park, 85.
before justices of the peace, 141.

See lodes to Statutes, page 1033.