Definition of COGNISANCE


COGNISANCE

pleading. Where the defendant in an action of replevin
(not being entitled to the distress or goods which are the subject of the
replevin) acknowledges the taking of the distress, and insists that such
taking was legal, not because he himself had a right to distrain on his
own account, but because he made the distress by the command of another,
who had a right to distrain on the goods which are the subject of the suit.
Lawes on Pl. 35, 36; 4 Bouv. Inst. n. 3571.

Source: Bouviers Law Dictionary 1856 Edition

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