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:


  • Configure incremental models | dbt Developer Hub - dbt Labs
    Learn how to configure and optimize incremental models when developing in dbt Incremental models are built as tables in your data warehouse The first time a model is run, the table is built by transforming all rows of source data
  • How to Build an Incremental Model in dbt: A Step-by-Step Guide
    Learn how to build and optimize incremental models in dbt for faster data processing
  • Intro to Incremental Models in dbt - The Data School
    Below is an example configuration for an incremental model The basic configurations are the priority to understand here - specifying that the model is to be run as incremental, the unique key to use when determining if data is new or needs updating and the incremental strategy Breaking down some of these configurations a piece at a time:
  • dbt Incremental BigQuery: How to Optimize Data Transformations - Hevo Data
    Incremental models allow dbt to insert or update records into a target table without leaving the data warehouse It is usually embraced while working with event-style data With incremental models, businesses can reduce the build time by transforming new updated data, where only the latest records will be processed
  • dbt Concepts: Incremental Models in dbt: How and When to Use Them
    To create an incremental model in dbt, you need to define a unique key that identifies each record in your source table and track the changes using that key Here's an example of an incremental model in dbt using the `unique_key` attribute: - name: my _incremental_ model materialized: incremental unique_key: id sql: | SELECT *
  • How to Create an Incremental Model with dbt and Snowflake
    In this article, you will learn to create an incremental model using dbt and Snowflake in three steps Image Source: kipi bi Why dbt and Snowflake? Snowflake is a modern cloud-based data warehouse as a service (DWaaS) used by data-driven organizations for managing data efficiently
  • DBT Incremental models By Examples | IOMETE - IOMETE Documentation
    Building DBT incremental models are a little difficult than other materializaion types (view, table) This guide aims to make it easy to understand all possible DBT incremental model configurations with lots of examples
  • Incremental models in-depth | dbt Developer Hub - dbt Labs
    📚 Incremental models generate tables They physically persist the data itself to the warehouse, just piece by piece What’s different is how we build that table 💅 Only apply our transformations to rows of data with new or updated information, this maximizes efficiency
  • How Analytics Engineers Can Implement Incremental Models
    In this guide, we will explore how analytics engineers can implement incremental models in dbt (data build tool), covering the various types of incremental models, best practices, and real-world examples We will also discuss which big data systems benefit most from incremental strategies and provide insights into expected performance improvements
  • What is the best practice for placement of incremental models in DBT . . .
    The general suggestion for model materialization is to start with a view, change to a table when the view takes too long to query, and change that to an incremental when the table takes too long to build





中文字典-英文字典  2005-2009