Spoliation

The weapons of the empire had been […] an unequalled genius for organization, and an uniform system of external law and order. This was generally a real boon to conquered nations, because it substituted a fixed and regular spoliation for the fortuitous and arbitrary miseries of savage warfare: […]

How many people out of the suit, Jarndyce and Jarndyce has stretched forth its unwholesome hand to spoil and corrupt, would be a very wide question. […] In trickery, evasion, procrastination, spoliation, botheration, under false pretences of all sorts, there are influences that can never come to good.

In Davidson v. New Orleans, above cited [96 U.S. 97 (1878)], it was said that a statute declaring in terms, without more, that the full and exclusive title to a described piece of land belonging to one person should be and is hereby vested in another person, would, if effectual, deprive the former of his property without due process of law, within the meaning of the Fourteenth Amendment. […] Such an enactment would not receive judicial sanction in any country having a written constitution distributing the powers of government among three coördinate departments, and committing to the judiciary, expressly or by implication, authority to enforce the provisions of such constitution. It would be treated not as an exertion of legislative power, but as a sentence—an act of spoliation.

The ritual condemnation of foreign corporations' spoliations of the resources of developing countries and their elevation to the level of international concern have obscured the problem of spoliations by national officials of the wealth of the states of which they are temporary custodians. […] In some cases, absconding officials have left the economies of their countries ransacked and destroyed.

Marks of violence were visible in every part; a cupboard had been forced open, and the contents of a chest of drawers were scattered about the room. The shop bore even more evident signs of spoliation—that reckless wastefulness which seems the constant companion of cruelty; but little of the grocery appeared to have been touched, excepting the sweet things.

There is much sad evidence, too, of the spoliation and dereliction of vanished industry: tips, slag-heaps and derelict colliery-screens among which the ubiquitous, nomad mountain sheep graze unconcernedly.

A Benefice is ſaid to be vacant de Facto, and not de Jure, vvhen the Poſſeſſion thereof is loſt by Spoliation or Intruſion, and the like: […]

Spoliation is an injury done by one clerk or incumbent to another, in taking the fruits of his benefice vvithout any right thereunto, but under a pretended title. It is remedied by a decree to account for the profits ſo taken. […] [A] patron firſt preſents A to a benefice, vvho is inſtituted and inducted thereto; and then, upon pretence of a vacancy, the ſame patron preſents B to the ſame living, and he alſo obtains inſtitution and induction. Novv if A diſputes the fact of the vacancy, then that clerk vvho is kept out of the profits of the living, vvhichever it may be, may ſue the other in the ſpiritual court for ſpoliation, or taking the profits of his benefice.

[W]here one ſaith to the Patron, that his Clerk is dead, whereupon he preſents another: there the firſt Incumbent, who was ſuppoſed to be dead, may have a Spoliation againſt the other.

Plaintiff, a child injured during birth, alleges that defendant hospital intentionally destroyed evidence relevant to his malpractice action against the hospital. He seeks to bring a separate tort cause of action against defendant hospital for its alleged intentional spoliation—that is, intentional destruction or suppression—of evidence. […] [W]e conclude that when the alleged intentional spoliation is committed by a party to the underlying cause of action to which the evidence is relevant and when the spoliation is or reasonably should have been discovered before the conclusion of the underlying litigation, it is preferable to reply on existing nontort remedies rather than creating a tort remedy.