Recovery Legal Meaning

In the broadest sense, recovery is the restoration or justification of a right existing in a person by the formal judgment or order of a court having jurisdiction over his instance and action, or the acquisition of a right or property taken or denied to him by such a judgment. This is also known as “real” recovery to distinguish it from “fake” or “ordinary” recovery. See GENERAL RESTORE Final restoration. The final judgment in a trial. It is also the final judgment in an action, unlike the subsequent decision in Fisk v. Grau, 100 mass. 103; Graf Joannes v. Pangborn, 6 Allen, Mass. 243. Mid-14th century, “return to health”, from the Anglo-French of healing (around 1300), Old French recovree “remedy, healing, recovery”, from the ancient participle tribe of Recovrer (see recovered).

The meaning of “the acquisition of property through legal action” dates back to the early 15th century. “The act of self-improvement after a mistake, accident, etc.” dates back to the 1520s. For example, a person could receive compensation in the form of damages for an injury. The term recovery is also used to describe the amount ultimately recovered or the amount of the judgment itself. CONVALESCENCE. Recovery in the broadest sense is the restoration of an earlier right by the solemn judgment of a Court of Justice. 3 Murph. 169. 2. A restoration is either true, real, false or common.

True recovery, generally known simply as recovery, is the obtaining of a prior right by decision of a competent court; For example, when the judgment is rendered in favour of the plaintiff, when he tries to recover a thing or a right. 3. An ordinary recovery is a judgment obtained in a fictitious action against the tenant of the property as a result of a default of the person who is ultimately secured in such a dispute. Ferry. Tracts, 148. 4. Joint recoveries shall be regarded as mere forms of transfer or joint insurance; Although ordinary recovery is a fictitious debt, the same procedure must nevertheless be followed and all forms must be strictly adhered to in contentious proceedings. The first thing that must therefore be done to undergo joint reparation is that the person who is supposed to be the plaintiff and to whom the land is to be addressed brings an action against the tenant of the land; Therefore, this tenant is usually referred to as the praecpe tenant. In accordance with this order, the tenant appears in court either in person or through his lawyer; But instead of defending ownership of the land itself, he calls another person who would have justified the title at the time of the original purchase, and prays that the person may be called upon to defend the title he has guaranteed, or otherwise to give the tenant land of equal value to it, which he will lose because of the absence of his guarantee.

This is called the vocatia of vouchers or the call of guarantee. The person thus designated to issue the arrest warrant, usually referred to as a guarantor, appears in court, is charged and concludes the guarantee, thereby defending the country. The defendant wants permission from the court to accuse or consult with the guarantor in private, which is of course granted. Shortly after the claim and back to court, but the guarantor disappears or defaults, after which the court suspects that he has no right to the lands claimed in the declaration and therefore cannot defend them; Subsequently, a judgment was rendered that the plaintiff, who is now referred to as the addressee of the claim, should recover the land in question from the lessee and that the lessee lost equivalent land to the guarantor as compensation for the land he so justified and which he has now lost as a result of his non-performance. This is called value offsetting; But since it is customary for the court crier, who is therefore designated as the common guarantor, to act, the tenant can only receive symbolic and not real compensation for the land that the plaintiff has recovered against him. A writ of habere facias was then pursued, addressed to the sheriff of the county in which the land thus recovered was located; And with the execution and return of the request, the collection is complete. The recovery described here is performed with individual documents; But a recovery can and often is suffered with a double, triple or additional coupon, depending on the requirements of the case, in which case there are several judgments against the different guarantors. 5. Joint collections were invented by the clergy in order to circumvent the mortgage law, which prohibited them from buying or obtaining land or dwelling houses under the pretext of a free gift. They have been used in some states to break the tail of domains. Empty, in general, cruise, digestion, breasts.