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Books Books 1 - 10 of 61 on In form it (ie the trover) is a fiction ; in substance it is a remedy to recover....
" In form it (ie the trover) is a fiction ; in substance it is a remedy to recover the value of personal chattels wrongfully converted by another to his own use... "
Reports of Cases Argued and Adjudged in the Court of King's Bench: During ... - Page 29
by Great Britain. Court of King's Bench, Sir James Burrow, William Murray Earl of Mansfield - 1812
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New Reports of Cases Argued and Determined, in the Court of Common ..., Volume 1

Sir John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1806
...is sufficient. The action of trover, says Lord Mansfield in Co&perv, Chitty, 1 Bur, 31 . is in form a fiction, in substance a remedy to recover the value...chattels wrongfully converted by another to his own use. But the case is very different in deliuue, for the goods may be detained, and rightly de-f faineik^...
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - Parties to actions - 1809
...Mansfield thus defined this action :(() " Inform it (ie the trover) is a fiction ; " in subntance it is a remedy to recover the value of personal " chattels...converted by another to his own use ; the " form supposes that the defendant might have come lawfully " by it, and if he did not, yet by bringing this action,...
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A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - Forms (Law) - 1819
...Mansfield tnus defined this acúon(r) : « In " form it (ie the trover) is a ficiion ; in »ubstance it is a remedy to " recover the value of personal chattels wrongfully converted by ano" thep to his own use ; the form supposes that the defendant might " have come lawfully by it, and...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 3

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1821
...and gravel taken by the defendant below from a lot of land claimed by the plaintiffs. This action is in substance a remedy to recover the value of personal...wrongfully converted by another to his own use. The plaintiff must have a pro^ perty in the chattel^ general or special, and the actual possessiog, or...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 1

John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1828
...the report of the case of Cooper v. Cltttly, by Burrow, is made to say, that (a) " trover is in form, a fiction; in substance, a remedy to recover the value...chattels wrongfully converted by another to his own use: and has been brought in many cases, where, in truth, the defendant has got the possession lawfully;—that...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Robert Philip Tyrwhitt - Court rules - 1832
...understanding, and consequently towards the solution, of the question in that particular case. In form, he says, it is a fiction — in substance, a remedy to recover the value of personal chattels converted by another to his own use ; that it lies in many cases where the defendant has got the possession...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 4

Vermont. Supreme Court - Law reports, digests, etc - 1833
...or jurisdiction of courts is not to be confounded in a net of forms. The action of trover is in form a fiction ; in substance, a remedy to recover the...chattels wrongfully converted by another to his own use. Consequently, the rule of damages in this action is the value of the goods at the time of the conversion...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Robert Philip Tyrwhitt - Court rules - 1834
...the solution ^•v*-' ».i .... . . T <• - - OAKLAND 01 the question in this particular case. In form it is a. „. fiction ; in substance a remedy to recover the value of CARLISLE. personal chattels wrongfully converted by another to his own use. The form supposes the defendant...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837
...Mansfield thus defined this action (n) : "In form it (ie the trover) is a fiction ; in substance it is a remedy to recover the value of personal chattels...converted by another to his own use ; the form supposes that the defendant might have come lawfully by it, and if he did not, yet by bringing this action the...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1842
...lien. \_Littledale J. In Cooper v. Chitly (b) Lord Mansfield defines the action of trover as being, " in substance, a remedy to recover the value of personal...wrongfully converted by another to his own use."] It is true that, before the New rules, under Not guilty, the question, whether a conversion, if proved,...
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