replevin

One firm, Merchant & Co., which had supplied the iron for his kiln and vault, had gone so far as to secure a writ of replevin to take the iron back.

In the new law courts—for Fort Mayne was over—the lawyers were as busy as bees, issuing writs for attainder, chancery, chevisance, disseisin, distraint, distress, embracery, exigent, fieri facias, maintenance, replevin, right of way, oyer and terminer, scot and lot, Quorum bonorum, Sic et non, Pro et contra, Jus primae noctis, and Questio quid juris?

In this case an action to recover penalties and an action to replevin copies in possession were started independently and simultaneously, and the Circuit Court of Appeals through Judge Buffington affirmed the decision that as the penalties under the old act were restricted to copies "found in possession," the suit for penalties was premature.

Smith, also in the Pennsylvania circuit, it was pointed out that an action for replevin was not the proper form of suit because in such actions bonds might be given and the forfeiture of copies thus be barred; and in Hegeman v.

It was held, however, in the Illinois circuit in an earlier case, that a suit of replevin will lie to enforce forfeiture under the copyright act.