Remedies for Torts The Law of Remedies for Torts or Private Wrongs
By Francis Hillard
2000/02 - Beard Books - Law Classic
1893122778 - Paperback - Reprint -  644 pp.

An early detailed examination of the remedies to recover property, and also includes related matters.

Publisher Comments

Category: Litigation 

This title is part of the Treatises list.

Of Interest:

A Treatise on the Measure of Damages: Or an Inquiry Into the Principles Which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice

The Theory and Principles of Tort Law

The Law of Torts

The Law of Watercourses

This book is fascinating reading for those interested in legal history. It looks at the early law of the types of actions brought primarily to reclaim personal or real property alleged to have been wrongfully taken or detained, i.e., replevin, disseisin, and ejectment. A detailed examination is made of pleadings, evidence, and damages.

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CHAPTER I. General Nature and Objects of the Action


1. Definition and general nature of the action.
2. Delivery of the goods to the plaintiff.
3. Tortuous taking, whether necessary--practice in different States
11. Lies, in general, only for personal property; --things pertaining to the realty; chosen in action.
14. A local action.
16. In what courts
17. Successive replevins of the same property.
CHAPTER II. Replevin in Case of Distress, Impounding, Etc. 


1. Originally limited to this class of cases.
2. Trespass ab initio
3. Practice in different States as to cattle, impounding, fences, etc.
CHAPTER III. Distress for Rent 16-19
1. General principles--practice in different States
2. Pleading, evidence, verdict, judgment.
17. Miscellaneous points.
CHAPTER IV. Property and Possession Necessary to Maintain Replevin 20-28
1. Right of possession necessary and sufficient.
2. Qualified possession or special property.
6. Plaintiff must prevail upon his own title.
10. Pleading, evidence, &c, in relation to property and possession.
14. Cases of manufacture to order, incomplete sale or deliver, &c.
20. In case of the decease of a party interested.
21. Title gained by service of a writ of replevin and bond; sale by the plaintiff in replevin
23. Title and possession of the defendant.
CHAPTER V. Replevin for Property taken by Legal Process 29-41
1. General rule as to property in custody of the law.
2. Goods in possession of the plaintiff.
3. Owner may replevy, where the property is taken on process against a third person.
4. What may be taken by virtue of the writ of replevin itself.
7. Liability of an attaching or execution creditor.
8. Title or possession necessary to maintain the action.
17. Defense of an office; plea, evidence, judgment, &c.
29. Replevin in case of successive processes.
32. Replevin in favor of an officer holding by legal process.
37. What possession of an officer will sustain an action against him.
38. Successive suits of replevin; justification of office under the replevin writ.
41. Miscellaneous.
CHAPTER VI. Parties in Replevin 42-52
1. Joint parties--plaintiff
11. Joint defendants.
15. Death of a party interested.
20. Husband and wife.
22. Principal and agent.
23. Parish.
24. Buyer or seller, in case of alleged fraud.
28. Conditional sale.
31. Mistake.
32. Replevin in case of mortgage, pledge and lien.
CHAPTER VII. Writ, Bond, Declaration, Pleadings, Evidence, Etc. 53-85
1. (and note.) General remarks as to pleadings, and practice, and the statutory changes on these subjects; points of practice.
2. Description of the property.
6. Statement of title.
9. Motions, pleadings, &c, subsequent to the writ and declaration--motion to dismiss
16. Pleadings 
17. General issue
18. Title of the property.
26. Several pleas.
36. Replication, &c.
51. Amendment.
52. Evidence.
71. Verdict.
75. Damages.
77. Verdict and judgment in special cases.
84. Judgment for return.
CHAPTER VIII. Replevin Bonds 86-100
1. Necessity of a bond.
3. Form of the bond; by what informalities avoided.
13. Time of commencing a suit upon the bond; judgment in the replevin suit.
17. Damages.
30. Defence to an action on a replevin bond.
42. Pleadings and evidence.
46. Construction of replevin bonds; prosecution of the replevin suit; final judgment, &c
50. Effect of the death of a party.
53a. bond in case of Review


Disseisin, Ejectment, Real Action 101-150
1. Recovery of real property by action; practice in the united States and in England; real action; ejectment.
2. Entry.
8. Title; general requisites; as against trespassers, &c.
10. Ejectment requires ownership; ground of title.
13. Conflicting titles; claimants under the same person.
15. Defence; title in a third person.
16. Equitable title, whether sufficient for plaintiff or defendant.
22. Equitable title arising from a purchase of the land.
33. Documentary title; title by public grant, &c
35. Title by deed.
46. Vendor and purchaser.
49. Title by execution.
54. Ejectment and adverse title in connection with possession.
56. Adverse possession; disseisin; ouster.
64. Constructive or implied possessions.
71. Possession is but prima facie evidence of title.
74. Possession of the defendant.
75. Successive and continuous possession.
76. Notice, in connection with adverse possession.
78. Estoppel against denial of title.
79. Abandonment of title.
84. Parties in ejectment--the Commonwealth.
85. Party beneficially interested.
88. Death of party in interest. Heirs, executors, &c.
100. Miscellaneous cases.
102. Joint title.
117. Disseisin and ejectment as between parties jointly interested.
126. Pleading--declaration.
132. Pleadings of the defendant.
143. Evidence.
151. Damages; mesne profits; improvements.
156. Verdict and judgment.
CHAPTER I. General Rules of Pleading 151-172
1. Tort and contract; definition and purposes of pleading.
2a. Recent statutory changes on the subject.
3. Pleadings must state facts.
4. Pleading in case of statutes.
8. Allegation of direct or immediate injury.
8a. Allegation that the plaintiff was not in fault.
9. Variance; the pleadings and evidence must conform; limitations and exceptions.
11a. Trust of a plea.
11b. Departure.
12. Directness and certainty.
14a. Pleading in case of fraud.
15. Statement of a legal conclusion.
CHAPTER II. Parties 173-181
1. Plaintiff; party injured; legal right
6. Name and description.
11. Joint parties; plaintiffs
20. Joint defendants.
25. Pleading in case of joinder.
29. Construction of statute.
32. Trust.
CHAPTER III. The General Issue and Subsequent Pleadings 182-187
1. As a defence to the action.
4. As mitigation of damages.
5. What shall be construed as a denial; implied admissions.
8. Miscellaneous points.
11. Replication.
CHAPTER IV. Tort and Contract.--Fraud 188-202
1. Joinder of tort and contract; erroneous plans &c.
5. Pleading in case of fraud.
11. Parties in case of fraud--joint parties, &c.
17. Fraud--joinder of several causes of action.
20. Variance in cases of fraud.
23. Defence of fraud: rescinding and restitutions.
CHAPTER V. Pleading in Trespass 203-224
1. General remark; statutory law; action of trespass.
3. Declaration; description of property, &c. 
8. Statutory trespass.
9. Time; number;
16. Please in trespass; general issue; justification.
17. Statutory modifications.
27. Pleading of title before justices of the peace.
34. Miscellaneous pleas.
38. Joinder of action; different trespasses; several counts.
46. Replication.
51. New assignment.
58. Joinder of trespass and other forms of action; statutory changes.
63. Trespass to the person; assault and battery.
CHAPTER VI. Pleading in the Action of the Case, including Trove 225-233
1. General rule; nature of the action
2. Nuisance, negligence and conversion.
2a. Nuisance; distinction from trespass; declaration.
7. Subsequent pleadings.
10. Negligence; declaration.
13. Subsequent pleadings.
19a. Conversion; trove and case
20. Declaration
25. Subsequent pleadings.
CHAPTER VII. Pleading in Actions for Injuries to the Person--False Imprisonment 239-245
1. General remark.
2. False imprisonment; declaration; distinction between this action and the action for malicious prosecution.
6. Subsequent pleadings.
CHAPTER VIII. Pleadings in Actions for Libel and Slander, and Malicious Prosecution 246-259
1. General remarks.
2. Declaration.
12. Courts
15. Joinder of slander and malicious prosecution
19. Innuendo.
24. Colloquium
27. Words in a foreign language.
28. Miscellaneous points as to the declaration.
31. Variance.
36. Miscellaneous points of practice.
39. Pleadings subsequent to the declaration.
53. Malicious prosecution.
CHAPTER IX. Pleadings in Actions for Injuries to Property 260-266
1. General remark--possession.
4. Watercourses and mills.
15. Lights, &c; common; patent.
CHAPTER X. Pleadings in Actions for Injuries to Relative Rights; Officers of the Law 267-272
1. Justices.
2. Clerk.
3. Sheriffs, &c.
CHAPTER XI. Pleadings in Actions against Railroads, Towns and in Cases of Master and Servant, Bailment, Landlord, Etc., Seduction 273-281
1. Railroads.
13. Highways--towns.
22. Master and servant.
23. Innkeepers.
25. Carriers.
32. Landlord and tenant.
35. Crim. con., and seduction


CHAPTER I. General Rules of Evidence 282-294
1. Proof of the affirmative of the issue; exceptions to the general rule.
3. Affirmative proof of wrong or illegality; fraud; official neglect or misconduct, &c.
5. Proof as to possession.
7. Burden of proof; to what it extends.
8. Change in the burden of proof.
9. Nonsuit for want of proof.
10. Presumptions.
11. Presumption of innocence as to official conduct; possession &c.
12. Reasonable doubt.
14. Miscellaneous.
16. Rebutting evidence.
CHAPTER II. Evidence of Opinion, Reputation, Custom, Etc 295-313
1. General rule--experts.
3. Taking of lead by railroads, &c.
7. Miscellaneous cases relating to land.
10. Injuries arising from defective roads, &c.
15. Bodily health and disease.
23. Opinions predicated upon assumed or hypothetical facts or premises.
25. Miscellaneous points as to the opinions of experts and others.
43a. Intention
44. Reputation and character.
50. Rumor and report.
53. Custom and usage.
55. Distinction as to evidence of reputation and of specific conduct or facts.
CHAPTER III. Admissions and Declarations 314-338
1. Admissions of a party against himself.
2. Effect of admissions; how controlled and construed; implied admissions.
6. Admissions made in attempts to compromise.
8. Admissions of agents, officers, &c; admissions connected or unconnected with acts; questions of time.
10a. Declaration, of parties not against their interest, and of third persons
11. In case of bodily injury or disease.
15. Boundary and title.
16. In case of legal process.
17. Miscellaneous examples.
18. Limitations of the general rule; must be simply explanatory, not narrative; questions of time, place, motive, and purpose.
24. Declarations, &c. of a joint party.
25. Declarations in a party's own favor, accompanying acts; res gestor
28. Estoppel by admission.
30. Acts and declarations of third persons.
31. As to possession.
35. Declarations of persons connected with a party.
39. Declarations in case of alleged fraud.
44a. In reference to title.
47. Evidence of the acts of a party or his agent.
49. Declarations in writing.
53. Irrelevant declarations.
CHAPTER IV. Res Inter Alios Acta 339-351
1. General rule.
2. Exceptions--fraud, neglect, illegality.
12. Actions against towns, railroads, &c.
17. Injuries caused by gas.
22. Questions of time.
24. Evidence of reputation.
25. Evidence as to value and amount.
34. Motive, intent, malice.
CHAPTER V. Parol Evidence 352-358
1. General rule.
3. In case of fraud.
4. As to conveyances.
5. In case of lease.
6. As to contracts.
7. Officer's return.
8. Loss of writings.
15. As to application of writings.
CHAPTER VI. Miscellaneous Points of Evidence--Variance; Testimony of Parties 359-363
1. Variance
9. Testimony of parties.
CHAPTER VII. Tort and Contract.--Fraud as a Ground of Action of Defence 364-367
CHAPTER VIII. Injuries to the Person; Assault and Battery; False Imprisonment; Injuries to Health 368-371
1. Assault, &c.
6. False imprisonment.
12. Injuries to health.
CHAPTER IX. Evidence in Actions for Libel and Slander 372-385
1. Proof of other words than those alleged.
3. Evidence as to the understanding of the words.
5. As to damages.
8. variance.
10. Malice.
17. Evidence in mitigation of damages; repetition; report; character; property.
25. Justification of the truth.
CHAPTER X. Miscellaneous Injuries to Property 386-388
1. Watercourse.
2. Way.
4. Negligence, carrier, railroad, &c.
9. Conversion.
10. Patent.
CHAPTER XI. Evidence in Actions Relating to Public Officers 389-396
1. Evidence of being reputed and acting as an officer; act of deputy.
4. Presumption and burden of proof in case of officers.
7. Return of an officer, and evidence relating thereto.
14. Declarations and admissions.
21. Records, writs, executions, &c.
24. Miscellaneous cases.
CHAPTER XII. Evidence in Case of Husband and Wife, and Parent and Child 397-400
1. Crim. Con.--proof of marriage.
2. Proof in reference to adultery, damages, &c.
8. Abduction of wife.
10. Seduction of daughter.
14. Abduction of daughter.


CHAPTER I. General Rules of Damages 401-407
1. General remarks.
1b. A question for the jury; subject to any legal rule or measure of damages.
4. Nature of damages; general and special.
5. Possible injury; de minimis, &c.
6. Liberal construction in favor of the plaintiff; exceptions and limitations.
7. Mode of ascertaining damages; writ of inquiry, &c.
CHAPTER II. Amount of Damages; Nominal Damages; Mitigation of Damages 408-418
1. Nominal damages.
2. Mitigation or reduction; recoupment; set-off.
6. Equitable and statutory grounds of reduction; counter-claim.
15. Return of the property taken; application of the proceeds to the plaintiff's benefit.
CHAPTER III. Damages in Reference to Time 419-432
1. General remark as to time.
2. Value of property at the time of taking, &c., the general measure of damages.
4. Prospective or remote damages.
5. Damages estimated to the time of trial.
8. One recovery a bar to a second action for continuing damage.
9. Exceptions to the rule of prospective damages.
10. Miscellaneous cases as to the time for which damages shall be estimated.
15. Damages resulting in part from the plaintiff's own fault or neglect.
CHAPTER IV. Measure of Damages in Actions for Particular Wrongs 433-437
1. General remark.
2. Fraud or deceit.
3. Taking or detention of personal property; including trove and trespass.
9. Trover.
22a. Trespass.
26. Statutory remedy.
CHAPTER V. Special, Exemplary, and Vindictive Damages, Malice, Etc. 438-447
1. Nature and definition of special damages.
2. Must be expressly alleged.
3. Exemplary damages.
5. As depending on malice, insult, &c.
9. As affected by actual or possible criminal prosecution for the same act.
12. Injuries to property, not indictable.
16. Disallowance of exemplary damages; misconduct of the plaintiff.
CHAPTER VI. Damages for Fraud, Etc. 448-452
1. General remarks.
3. General rule of damages; value of the property, &c.
5. Miscellaneous cases.
7. Exemplary damages.
8. Miscellaneous cases.
CHAPTER VII. Injuries to the Person; Assault and Battery; False Imprisonment; Injuries to Health 453-455
1. Assault, &c.,--exemplary damages
2a. Mitigation,--provocation; criminal prosecution, &c.
6. False imprisonment,--malicious arrest.
11. Injury to health.
CHAPTER VIII. Libel, etc., and Malicious Prosecution 456-460
1. Measure and grounds of damages; special and exemplary damages; wealth of the defendant.
10. Plea of the truth; mitigation of damages.
15. Malicious prosecution.
CHAPTER IX. Negligence; Nuisance; Watercourses; Railroads; Towns 461-470
1. Negligence
4. Nuisance; Watercourse; Patent; Trademark.
11. Railroads
19. Towns; Highways.
CHAPTER X. Damages in Action against Officers 471-483
1. General rule of damages, as affected by the motives, &c., of the defendant.
8. For failing to return process.
10. For false return.
14. For wrongful taking of property,--action by the defendant in the process.
16. For loss of property taken.
18. Action by one not party to the process for seizure of his property; value of the property; additional damages; motives of the officer.
24. Damages for neglect to levy, &c.
29. Mitigation of damages; applicaiton of proceeds to the plaintiff's benefit, &c.
31. Damages for neglect to arrest.
32. For escape; taking insufficient bail, &c.
42. Miscellaneous cases.
CHAPTER XI. Damages in Case of Principal and Agent, Master and Servant; Bailment 484-493
1. Master and servant; principal and agent;--action of the principal against the agent.
5. Liability of a principal for his agent.
7. Action of agent, &c., against his principal, &c.
8. Of master against third person.
9. Bailment.
11. Pledge.
14. common carriers; neglect of delay in delivering.
19. Injury to property from neglect.
22. special and prospective damages.
25. Miscellaneous points.
29. Damages in actions by bailees.
CHAPTER XII. Landlord and Tenant; Mortgage 494-498
1. Action by reversioner against a third person.
5. By lessee against a third person.
6a. By a third person against lessee.
7. By lessee against landlord.
13. For distress.
18. For fraud.
19. By landlord against tenant.
20. Mortgage.
CHAPTER XIII. Damages for the Taking or Conversion of Notes and other Paper Securities 499-503
1. Conversion, &c., of negotiable securities.
5. Neglect in the collection of notes, &c.
8. Refusal to transfer stock.
9. Miscellaneous cases.
CHAPTER XIV. Wrongs connected with Sale 504-505
1. General remarks.
2. Buyer against seller; refusal to deliver, conversion, &c.
3. conditional sale.
6. Fraud.
CHAPTER XV. Interest, Costs, Counsel-Fees, Expenses 506-509
1. Interest.
3. Costs and expenses.
CHAPTER XVI. Injuries resulting in Death 510-514
CHAPTER XVII. Husband and Wife; Parent and Child; Seduction; Abduction 515
CHAPTER XVIII. Marine Torts 516-518
1. Profits of the voyage.
5. Collision.
10. Capture.
14. Liability of master and owner.
CHAPTER XIX. Miscellaneous Points; Joint and Several Liability; Double or Treble Damages; Remittitur; Excessive Damages 519-527
2. Joint and several damages.
10. Statutory damages; double, treble, &c.
18. Amount of damages claimed in the declaration; remittitur.
26. Excessive damages; new trial.
37. Too small damages.
39. Miscellaneous.

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