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:


  • eBible. org - read and download the Holy Bible
    Audio World English Bible (free MP3 and Ogg Vorbis) Bible study web app Buy printed Bibles Contact Find Bibles in many languages and formats! Links to the Holy Bible and lesser things Michael Lori Johnson World English Bible Bible files for software developers and webmasters
  • World English Bible Classic
    The World English Bible is a Public Domain translation of the Holy Bible into modern English Includes Apocrypha Deuterocanon The Classic edition is in American English It uses "Yahweh" for God's proper name in the Old Testament
  • World English Bible
    MP3 audio epub3: engwebp epub PDF Browser Bible Crosswire Sword module engwebp_html zip ― downloadable zip file of the HTML of this site for viewing on your own computer while off line Free mp3 audio of the World English Bible New Testament courtesy of Faith Comes by Hearing Free MP3 audio of the World English Bible courtesy of Winfred W Henson Free OGG audio of the World English Bible
  • King James Version + Apocrypha
    More download and reading options For a more modern freely downloadable translation of the Holy Bible, try the World English Bible Help keep free Bibles online! Support the missionary who runs this site Haiola eBible org
  • World English Bible Classic
    MP3 audio epub3: eng-web epub PDF Browser Bible Crosswire Sword module World English Bible Android app eng-web_html zip ― downloadable zip file of the HTML of this site for viewing on your own computer while off line Free MP3 audio of the World English Bible New Testament courtesy of Faith Comes by Hearing Free MP3 audio of the World English Bible courtesy of Winfred W Henson Free OGG audio
  • About eBible. org
    Who Founded eBible org? [Kahunapule] Michael Paul Johnson founded eBible org He is also the senior editor of the World English Bible You can read more about him and his family at MLJohnson org What is the History of eBible org?
  • American Standard Version (1901) PDF - World English Bible
    English eng eng-asv_all pdf letter size 12 point color (1453 pages) eng-asv_a4 pdf A4 size 12 point color (1545 pages) eng-asv_prt pdf 202 x 135 mm 9 point color (1598 pages) eng-asv_book pdf 6 in x 9 in 8 point monochrome (1174 pages) eng-asv_nt pdf New Testament 197 x 118 mm 10 point monochrome (472 pages) eng-asv_ntp pdf New Testament and Psalms 6 x 9 in 10 point monochrome (499 pages) eng
  • Buy Printed Bibles - World English Bible
    You can get electronic editions of the World English Bible for free at eBible org or WorldEnglish Bible Donations to help with Bible translation and publication are appreciated You can donate now online, one time or monthly
  • Bible List
    Bible Translations Select a translation for a list of available downloads Select a heading to sort by that column
  • NET Bible
    More about the New English Translation of the Holy Bible Ethnologue Haiola eBible org





中文字典-英文字典  2005-2009