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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

recovery

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

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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,

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The recovery room is always open and sometimes is the location of meetings to help a player relax and not hunch over a desk while watching film.
The name of the non-depolarizing muscle relaxant used, the total dose of it used and the total time elapsed from the last dose of non-depolarizing muscle relaxant till the reversal were not recorded on the anesthesia chart, but were recorded separately, This was done to ensure that the anesthesiologist in charge of the recovery room remains blinded as to these details.
Vomiting frequency distribution was not significantly different among the three groups in the recovery room. The distribution frequency of vomiting six and twelve hours following the surgery was remarkably less in group C.
At readiness for discharge from the recovery room, patients who were able to chew gum graded the acceptability of their anaesthetic care in general, and gum chewing in particular, with their recovery nurse also grading the acceptability of gum chewing in the recovery room.
Back in the recovery room I realised that, although I had learned about the needs and development of children, I had not had any preparation in the care of children specific to the recovery room.
World renowned chewing gum manufacturers, The Wrigley Company, has turned to specialist resin manufacturer Resin Surfaces Limited (RSL) to provide antistatic flooring products for use in the confectionary makers' powder recovery rooms.
The study included adult patients who were moved to a recovery room after general anesthesia and surgery.
Of the group 1 patients, with no IV access, 21 of 25 (84%) received acetaminophen, either as a suppository in the OR (n = 20) or as a liquid in the recovery room (n = 1).
The first thing I remember in Hospital A's recovery room was a clock that said 4:30 p.m.
The first phase, two years ago, was to refur bish the major incident recovery room.
Gramercy Surgery Center provides two state-of-the-art operating rooms as well as a recovery room, which accommodates urology, podiatry, plastic surgery and pain management.