it, upon tlie reversal or setting aside of the judgment or order of court under which it was taken from him. Haebler v. Myers, 132 N. Y. 3G3, 30 N. E. 963,15 L. R. A. 588, 28 Am. St. Rep. 5S9; Gould v. McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 606; First Nat Rank v. Avery Planter Co., 69 Neb. 329, 95 N. W. 624, 111 Am. St. Rep. 541. If, after money has been levied under a writ of execution , the judgment be reversed by writ of error , or set aside, the party against whom the execution was sued out shall have restitution . 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon, immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. 4 Steph. Comm. 434. In equity. Restitution is the restoration of both parties to their original condition, (when practicable ,) upon the rescission of a contract for fraud or similar cause.
Black’s Law Online Dictionary
