 | Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1806 - 444 pages
...proved, it 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...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^... | |
 | Joseph Chitty - 1809 - 550 pages
...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,... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 662 pages
...and consequently towards the solution of the question in this particular сазе. '* Inform it is a fiction : in substance a remedy to recover the value...another to his own use. The form supposes the defendant m:iy have come lawfully by the possession of the goods. :T4ii^aetion lies, and haa been brought in... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 450 pages
...the tenants, i. 333. TROVER Is a fiction, -in its form : but in its substance, a remedy, i. 31. It is a remedy to. recover the value of personal chattels, wrongfully converted by another to his own use. i. 31. The form supposes that the defendant may have come lawfully by the goods, i. 31. And it lies... | |
 | Joseph Chitty - 1819 - 544 pages
...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... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821 - 648 pages
...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... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1828 - 878 pages
...Lordship, in 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...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... | |
 | Great Britain. Court of Exchequer - 1834 - 1058 pages
...understanding, and consequently towards the solution of the question in this particular case. In form it is a fiction ; in substance a remedy to recover the value...in many cases where in truth the defendant has got possession lawfully." " Hence (he adds) if the defendant delivers the thing upon demand, no damages... | |
 | Great Britain. Court of Exchequer - 1832 - 818 pages
...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... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...understanding, and consequently towards the solution of the question in this particular case. In form, it is a fiction; in substance, a remedy to recover the value...in many cases where in truth the defendant has got possession lawfully. Hence, if the defendant delivers the thing upon demand, no damages can be recovered... | |
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In form, it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use. 
