Writ of Deliverance – Order the Redeliver of Goods to the Owner

Writ of Deliverance:

“(14c.) Archaic. In a replevin action, a writ ordering the redelivery of goods to the owner.  Also see Writ of Deliverance under ‘Writs>release of inmates’”

Writ of Second Deliverance:

(16c.) Hist. A second replevin remedy after the plaintiff has been nonsuited & the distrained property has been returned to the defendant. -Also termed writ of second deliverance.[1]

    The following excerpt from William Blackstone’s Commentaries on the Laws of England helps explain historical & legal context for the “Writ of Second Deliverance”:

    “And at the common law, the plaintiff might have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant. Wherefore the statute of Westm. 2, c. 2 restrains the plaintiff, when nonsuited, from suing any fresh replevin, but allows him a judicial writ issuing out of the original record, and called a writ of second deliverance, in order to have the same distress again delivered to him, on giving the like security as before.  And, if the plaintiff be a second time nonsuit, or if the defendant has judgment upon verdict . . . he shall have a writ or return irreplevisable; after which no writ of second deliverance shall be allowed.”[2]

References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: 3 William Blackstone, Commentaries on the Laws of England 150 (1767)10

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