Detinue

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Detinue \Det"i*nue\ (?; 277), n. [OF. detinu, detenu, p. p. of
     detenir to detain. See {Detain}.]
     A person or thing detained; (Law) A form of action for the
     recovery of a personal chattel wrongfully detained.
     [1913 Webster]
  


     {Writ of detinue} (Law), one that lies against him who
        wrongfully detains goods or chattels delivered to him, or
        in possession, to recover the thing itself, or its value
        and damages, from the detainer. It is now in a great
        measure superseded by other remedies.
        [1913 Webster]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DETINUE, remedies. The name of an action for the recovery of a personal 
  chattel in specie. 3 Bl. Com. 152; 3 Bouv. Inst. n. 3472; 1 J. J. Marsh. 
  500. 
       2. This action may be considered, 1. With reference to the nature of 
  the thing to be recovered. 2. The plaintiff's interest therein. 3. The 
  injury. 4. The pleadings. 5. The judgment. 
       3.-1. The goods which it is sought to recover, must be capable of 
  being distinguished from all others, as a particular horse, a cow, &c., but 
  not for a bushel of grain. Com. Dig. Detinue, B, C; 2 Bl. Com. 152; Co. 
  Litt. 286 b; Bro. Det. 51. Detinue cannot be maintained where the property 
  sued for had ceased to exist when the suit was commenced. 2 Dana, 332. See 5 
  Stew. & Port. 123; 1 Ala. R. 203. 
       4.-2. To support this action, the plaintiff must have a right to 
  immediate possession, although he never had actual possession; a reversioner 
  cannot, therefore, maintain it. A bailee, who has only a special property, 
  may nevertheless support it when he delivered the goods to the defendant, or 
  they were taken out of the bailee's custody. 2 Saund. 47, b, c, d Bro. Ab. 
  h.t.; 9 Leigh, R. 158; 1 How. Miss. R. 315; 5 How. Miss. R. 742; 4 B. Munr. 
  365. 
       5.-3. The gist of the action is the wrongful detainer, and not the 
  original taking. The possession must have been acquired by the defendant by 
  lawful means, as by delivery, bailment, or. finding, and not tortiously. 
  Bro. Abr. ])et. 53, 36, 21 1 Misso. R. 749. But a demand is not requisite, 
  except for the purpose of entitling the plaintiff to damages for the 
  detention between the time of the demand and that of the commencement of the 
  action. 1 Bibb, 186; 4 Bibb, 340; 1 Misso. 9; 3 Litt. 46. 
       6.-4. The plaintiff may declare upon a bailment or a trover; but the 
  practice, by the ancient common law, was to allege, simply, that the goods 
  came to the hands, &c., of the defendant without more. Bro. Abr. Det. 10, 
  per Littleton; 33 H. VI. 27. The trover, or finding, when alleged, was not 
  traversable, except when the defendant alleged delivery over of a chattel 
  actually found to a third person, before action brought, in excuse of the 
  detinue. Bro. Abr. Det. 1, 2. Nor is the bailment traversable, but the 
  defendant must answer to the detinue. Bro. Abr. Det. 50-1. In describing the 
  things demanded, much certainty is requisite, owing to the nature of the 
  execution. A declaration for "a red cow with a white face," is not supported 
  by proof that the cow was a yellow. or sorrel cow. 1 Scam. R. 206. The 
  general issue is non detinet, and under it special matter may be given in 
  evidence. Co. Litt. 283. 
       7.-5. In this action the defendant frequently prayed garnishment of a 
  third person, whom he alleged owned or had an interest in the thing 
  demanded; but this he could not do without confessing the possession of the 
  thing demanded, and made privity of bailment. Bro. Abr. Garnishment, 1; 
  Interpleader, 3. If the prayer of garnishment was allowed, a sci. fac. 
  issued against the person named as garnishee. If he made default, the 
  plaintiff recovered against, the defendant the chattel demanded, but no 
  damages. If the garnishee appeared and the plaintiff made default, the 
  garnishee recovered. If both appeared, and the plaintiff recovered; he had 
  judgment against the defendant for the chattel demanded, and a distringas in 
  execution and against the garnishee a judgment for damages, and a fi. fa. in 
  execution. The verdict and judgment must be such, that a special remedy may 
  be had for the recovery of the goods detained, or a satisfaction in value 
  for each parcel, in case they, or either of them, cannot be returned. 
  Walker, R. 538 7 Ala. R. 189; 4 Yerg. R. 570 4 Monr. 59; 7 Ala. R., 807.; 5 
  Miss. R. 489; 6 Monr. 52 4 Dana, 58; 3 B. Munr. 313; 2 Humph. 59. The 
  judgment is in the alternative, that the plaintiff recover the goods or the 
  value thereof, if he cannot have the goods themselves, and his damages. Bro. 
  Abr. Det. 48, 26, 3, 25; 4 Dana, R. 58; 2 Humph. 59; 3 B. Mont. 313, for the 
  detention and full costs. Vide, generally, 1 Chit. Pl. 117; 3 Bl. Com. 152; 
  2 Reeve's Hist. C. L. 261, 333, 336; 3 Id. 66, 74; Bull. N. P. 50. This 
  action has yielded to the more practical and less technical action of 
  trover. 3 Bl. Com. 152.