recovery


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Recovery

The acquisition of something of value through the judgment of a court, as the result of a lawsuit initiated for that purpose.

For example, an individual might obtain recovery in the form of damages for an injury.

The term recovery is also used to describe the amount ultimately collected, or the amount of the judgment itself.

recovery

n. the amount of money and any other right or property received by a plaintiff in a lawsuit.

recovery

(Award), noun compensation, damages, defrayal, discharge, financial remuneration, indemnification, indemnity, reckoning, reclamation, recompense, redress, remittal, remuneration, reparation, restitution, satisfaction
Associated concepts: primary recovery, recovery from an adversary
Foreign phrases: Frustra agit qui judicium prosequi nequit cum effectu.He sues vainly who cannot prosecute his judgment with effect. Qui melius probat melius habet. He who proves most recovers most.

recovery

(Repossession), noun acquisition, evictio, obtainment, procuration, procurement, recapture, recouping, redemption, regaining, regainment, replevin, replevy, rescue, restoration, retrieval, return, reversion, revindication, salvage, trover
Associated concepts: recovery of chattels
See also: adverse possession, boom, compensation, cure, damages, expiation, improvement, out of pocket, progress, prosperity, recompense, redemption, reform, repair, replacement, replevin, restitution, resurgence, revival, salvage, trover

RECOVERY. A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. 3 Murph. 169.
     2. A recovery is either true or actual, or it is feigned or common. A true recovery, usually known by the name of recovery simply, is the procuring a former right by the judgment of a court of competent jurisdiction; as, for example, when judgment is given in favor of the plaintiff when he seeks to recover a thing or a right.
     3. A common recovery is a judgment obtained in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in such suit. Bac. Tracts, 148.
     4. Common recoveries are considered as mere forms of conveyance or common assurances; although a common recovery is a fictitious suit, yet the same mode of proceeding must be pursued, and all the forms strictly adhered to, which are necessary to be observed in an adversary suit. The first thing therefore necessary to be done in suffering a common recovery is, that the person who is to be the demandant, and to whom the lands are to be adjudged, would sue out a writ or praecipe against the tenant of the freehold; whence such tenant is usually called the tenant to the praecipe. In obedience to this writ the tenant appears in court either in person or by his attorney; but, instead of defending the title to the land himself, he calls on some other person, who upon the original purchase is supposed to have warranted the title, and prays that the person may be called in to defend the title which he warranted, or otherwise to give the tenant lands of equal value to those he shall lose by the defect of his warranty. This is called the voucher vocatia, or calling to warranty. The person thus called to warrant, who is usually called the vouchee, appears in court, is impleaded, and enters into the warranty by which means he takes upon himself the defence of the land. The defendant desires leave of the court to imparl, or confer with the vouchee in private, which is granted of course. Soon after the demand and returns into court, but the vouchee disappears or makes default, in consequence of which it is presumed by the court, that he has no title to the lands demanded in the writ, and therefore cannot defend them; whereupon judgment is given for the demandant, now called the recoverer, to recover the lands in question against the tenant, and for the tenant to recover against the vouchee, lands of equal value in recompense for those so warranted by him, and now lost by his default. This is called the recompense of recovery in value; but as it is, customary for the crier of the court to act, who is hence called the common vouchee, the tenant can only have a nominal, and not a real recompense, for the land thus recovered against him by the demandant. A writ of habere facias is then sued out, directed to the sheriff of the county in which the lands thus recovered are situated; and, on the execution and return of the writ, the recovery is completed. The recovery here described is with single voucher; but a recovery may, and is frequently suffered with double, treble, or further voucher, as the exigency of the case may require, in which case there are several judgments against the several vouchees.
    5. Common recoveries were invented by the ecclesiastics in order to evade the statute of mortmain by which they were prohibited from purchasing or receiving under the pretence of a free gift, any land or tenements whatever. They have been used in some states for the purpose of breaking the entail of estates. Vide, generally, Cruise, Digest, tit. 36; 2 Saund. 42, n. 7; 4 Kent, Com. 487; Pigot on Common Recoveries, passim.
     6. All the learning in relation to common recoveries is nearly obsolete, as they are out of use. Rey, a French writer, in his work, Des Institutions Judicaire del'Angleterre, tom. ii. p. 221, points out what appears to him the absurdity of a common recovery. As to common recoveries, see 9 S. & R. 330; 3 S. & R. 435; 1 Yeates, 244; 4 Yeates, 413; 1 Whart. 139, 151; 2 Rawle, 168; 2 Halst. 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 3 Harr. & John. 292; 6 P. S. R. 45,

References in classic literature ?
As to the sad catastrophe itself, it could be canvassed only in one style by a couple of steady, sensible women, whose judgements had to work on ascertained events; and it was perfectly decided that it had been the consequence of much thoughtlessness and much imprudence; that its effects were most alarming, and that it was frightful to think, how long Miss Musgrove's recovery might yet be doubtful, and how liable she would still remain to suffer from the concussion hereafter
Well, the doctor was amazed at my rapid recovery after that.
I then regretted bitterly the pride which since the first few days after the recovery of my reason had forbidden me to repeat my discredited story and insist upon its truth.
For the Tin Woodman was a great favorite with all who knew him, and his sudden recovery after they had thought he was lost to them forever was indeed a pleasant surprise.
If things go on for the next eight-and-forty hours as they are going now, my lord's recovery is considered certain.
Some of them--the physician-in-chief being among the number--believe that the recovery of her mind has not accompanied the recovery of her body.
I was a very constant and attentive visitor to him throughout the whole period of his illness and convalescence; not only from the interest I took in his recovery, and my desire to cheer him up and make the utmost possible amends for my former 'brutality,' but from my growing attachment to himself, and the increasing pleasure I found in his society - partly from his increased cordiality to me, but chiefly on account of his close connection, both in blood and in affection, with my adored Helen.
He bore it too with the greater impatience, as it appeared to him very indecent at this season; "When," as he said, "the house was a house of mourning, on the account of his dear mother; and if it had pleased Heaven to give him some prospect of Mr Allworthy's recovery, it would become them better to express the exultations of their hearts in thanksgiving, than in drunkenness and riots; which were properer methods to encrease the Divine wrath, than to avert it.
It wasn't a recovery at all, sir," the woman declared sharply.
She told him about herself even and about her wedding, and smiled and sympathized with him and petted him, and talked of cases of recovery and all went well; so then she must know.
When I have stated the case to Lady Verinder as the case now stands, and when I have told her plainly what course of action to take for the recovery of the Moonstone, the responsibility will be off my shoulders.
With the partial recovery of his animation came the return of his wonderful delusion on the subject of swimming.