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De homine replegiando information


De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try the question of the validity of the law under which he is held in confinement."[1]

It is the oldest common law freedom writ.[2]

  1. ^ Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals August 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail, with a view to try the question of the validity of the law under which he is held in confinement, is of common right, and may be issued as of course"").
  2. ^ Wise, Steven (2007). "The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and de Homine Replegiando". Golden Gate U. L. 37.

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De homine replegiando

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De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try...

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bringing suit in the courts (as between slave and owner). The writ de homine replegiando was outmoded, and so the usual eighteenth-century question was whether...

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and Bergh removed Mary Ellen from the Connolly home using a writ of homine replegiando and took Mary Connolly to trial. Elbridge Thomas Gerry of American...

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than the freehold the writ is known as habere facias possessionem. Homine replegiando, a writ to bail a man out of prison. Identitate nominis, a writ that...

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