英文字典中文字典


英文字典中文字典51ZiDian.com



中文字典辞典   英文字典 a   b   c   d   e   f   g   h   i   j   k   l   m   n   o   p   q   r   s   t   u   v   w   x   y   z       







请输入英文单字,中文词皆可:

trover    
n. 追索侵占物诉讼,取得

追索侵占物诉讼,取得

Trover \Tro"ver\ (tr[=o]"v[~e]r), n. [OF. trover, truver, to
find, F. trouver; probably originally, to invent or compose
(melodies), fr. (assumed) LL. tropare. See {Troubadour},
{Trope}, and cf. {Contrive}, {Reirieve}, {Trouveur}.] (Law)
(a) The gaining possession of any goods, whether by finding
or by other means.
(b) An action to recover damages against one who found goods,
and would not deliver them to the owner on demand; an
action which lies in any case to recover the value of
goods wrongfully converted by another to his own use. In
this case the finding, though alleged, is an immaterial
fact; the injury lies in the conversion.
[1913 Webster]

TROVER, remedies. Trover signifies finding. The remedy is called an action
of trover; it is brought to recover the value of personal chattels,
wrongfully converted by another to his own use; the form supposed that the
defendant might have acquired the possession of the property lawfully,
namely, by finding, but if he did not, by bringing the action the plaintiff
waives the trespass; no damages can therefore be recovered for the taking,
all must be for the conversion. 17 Pick. 1; Anthon, 156; 21 Pick. 559; 7
Monr. 209; 1 Metc. 172.
2. It will be proper to consider the subject with reference, 1. To the
thing converted. 2. The plaintiff's right. 3. The nature of the injury. 4.
The pleadings. 5. The verdict and judgment.
3.-1. The property affected must be some personal chattel; 3, Serg. &
Rawle, 513; and it has been decided that trover lies for title deeds; 2
Yeates, R. 537; and for a copy of a record. Hardr. 111. Vide 2 T. R. 788; 2
Salk. 654; 2 New Rep. 170; 3 Campb. 417; 3 Johns. R. 432; 10 Johns. R. 172;
12 Johns. R. 484; 6 Mass. R. 394; 17 Serg. & Rawle, 285; 2 Rawle, R. 241.
Trover will be sustained for animals ferae naturae, reclaimed. Hugh. Ab.
Action upon the case of Trover and Conversion, pl. 3. But trover will not
lie for personal property in the custody of the law, nor when the title to
the property can be settled only by a peculiar jurisdiction; as, for
example, property taken on the high seas, and claimed as lawful prize,
because in such case, the courts of admiralty have exclusive jurisdiction.
Cam. & N. 115, 143; but see 14 John. 273. Nor will it lie where the property
bailed has been lost by the bailee, or stolen from him, or been destroyed by
accident or from negligence case is the proper remedy. 2 Iredell, 98.
4.-2. The plaintiff must at the time of the conversion have had a
property in the chattel either general or special; 1 Yeates, R. 19; 3 S. &
R. 509; 15 John. R. 205, 349; 16 John. R. 159; 1 Humph. R. 199; he must also
have had actual possession or right to immediate possession. The person who
has the absolute or general property in a personal chattel may support this
action, although he has never had possession, for it is a rule that the
general property of personal chattels creates a constructive possession. 2
Saund. 47 a, note 1; Bac. Ab. Trover, C; 4 Rawle, R. 185. One who has a
special property, which consists in the lawful custody of goods with a right
of detention against the general owner, may maintain trover. Story, Bailm.
93 n.
5.-3. There must have been a conversion, which may have been effected,
1st. By the wrongful taking of a personal chattel. 2d. By some other illegal
assumption of ownership, or by illegally using or misusing it; or, 3d. By a
wrongful detention., Vide Conversion.
6.-4. The declaration should state that the plaintiff Was possessed of
the goods (describing them) as of his own property, and that they came to
the defendant's possession by finding; and the conversion should be properly
averred, as that is the gist of the action. It is not indispensable to state
the price or value of the thing converted. 2 Wash. 192. See 2 Cowen, 592 13
S. & R. 99; 3 Watts, 333; 1 Blackf. 51; 1 South 211; 2 South. 509. Vide
form, 2 Chitty's Pl. 370, 371. The usual plea is not guilty, which is the
general issue. Bull. N. P. 48.
7.-5. The verdict should be for the damages sustained, and the measure
of such damages is the value of the property at the time of the conversion,
with interest. 17 Pick. 1; 7 Monr. 209; 1 Mete. 172; 8 Port. R. 191; 2 Hill,
132; 8 Dana, 192. The judgment, when for the plaintiff, is that he recover
his damages and costs; 1 Chit. Pl. 157; when for the defendant, the judgment
is that he recover his costs. Vide, generally, 1 Chit. Pl. 147 to 157 Chit.
Pr. Index, h.t.; Bac. Ab. h.t.; Dane's Ab. h.t. Vin. Ab. h.t.; Com. Dig.
Action upon the case upon trover; Id. Pleader, 2 I; Doct. Pl. 494; Amer.
Digests, h.t.; Bouv. Inst. Index, h.t. As to the evidence to be given in
actions of trover, see Rose. Civ. Ev. 395 to 412.


请选择你想看的字典辞典:
单词字典翻译
trover查看 trover 在百度字典中的解释百度英翻中〔查看〕
trover查看 trover 在Google字典中的解释Google英翻中〔查看〕
trover查看 trover 在Yahoo字典中的解释Yahoo英翻中〔查看〕





安装中文字典英文字典查询工具!


中文字典英文字典工具:
选择颜色:
输入中英文单字

































































英文字典中文字典相关资料:


  • Our Range of Products - Bunnings Australia
    Shop our wide range of tools, gardening home improvement products at warehouse prices from quality brands Order online for delivery or Click Collect
  • Bunnings - Wikipedia
    Bunnings Group Limited, trading as Bunnings Warehouse or Bunnings, is an Australian hardware and garden centre chain [3] The chain has been owned by Wesfarmers since 1994, and has stores in Australia and New Zealand [4] Bunnings was founded in Bunbury, Western Australia in 1886, by brothers Arthur and Robert Bunning, who had emigrated from England Initially, a limited company focused on
  • Bunnings Warehouse - Store Locator Opening Hours
    is the leading retailer of home improvement and outdoor living products Operating from a network of large warehouse stores, smaller format stores, trade centres and frame and truss sites, caters for consumer and commercial customers
  • New Zealand DIY, Garden Hardware Store - Bunnings New Zealand
    Find store information, opening times, services, tools and more Come visit us today
  • Bunnings - Store Locator Opening Times
    Bunnings is the largest Australian hardware chain In 2016, Bunnings parent company Wesfarmers acquired Homebase with its almost 300 stores and commited to rebrand them to Bunnings stores and Bunnings warehouses by 2021 That all means your old favorite Homebase is now Bunnings with the same range of products and even better prices than ever before! And that's just the beginning
  • TOP 10 BEST BUNNINGS IN SEATTLE, WA - UPDATED 2026 - QUALITY . . . - Yelp
    See more bunnings in Seattle What are people saying about hardware stores in Seattle, WA? This is a review for hardware stores in Seattle, WA: "Love this organization I've tried just about everything of theirs: baking kits, soft serve now the bakery window All of it is SO GOOD!
  • Bunnings - Apps on Google Play
    Create lists, plan find your way in-store or shop online with the Bunnings app
  • Bunnings major move 2,700km from Australia: Testing the waters
    Bunnings' major move 2,700km from Australia: 'Testing the waters' Bunnings could be set for further overseas expansion after taking its first digital step into Fiji, despite its unsuccessful UK
  • Bunnings - Near me
    Bunnings, which is also known as Bunnings Group and or Bunnings Warehouse, is an international chain that sells household hardware products This chain is one of the oldest groups nowadays (with a 131-year long history) and is present in such countries like the United Kingdom, Ireland, Australia, and New Zealand Our Bunnings Near Me page will help you get more information about this company
  • Bunnings DIY store opening causes Aussie sizzle - BBC News
    The opening of a DIY shop in Hertfordshire has been making headlines 9,000 miles away in Australia The first Bunnings Warehouse, said to be an Aussie institution famed for its outdoor "sausage





中文字典-英文字典  2005-2009