In practice. A form of action which lies for the recovery, in specie, ofpersonal chattels from one who acquired possession of them lawfully, but retains itwithout right, together with damages for the detention. 3 Bl. Comm. 152. Sinnott v. Feiock,165 N. Y. 444, 59 N. E. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Penny y. Davis, 3 B. Mon. (Ky.) 314; Guille v. Fook, 13 Or. 577, 11 Pac. 277.The action of detinue is defined in the old books as a remedy founded upon thedelivery of goods by the owner to another to keep, who afterwards refuses to redeliverthem to the bailor ; and it is said that, to authorize the maintenance of the action, it isnecessary that the defendant should have come lawfully into the possession of thechattel, either by delivery to him or by finding it In fact, it was once understood to bethe law that detinue does not lie where the property had been tortiously taken. But it is,upon principle, very unimportant in what manner the defendant’s possession commenced,since the gist of the action is the wrongful detainer, and not the originaltaking. It is only incumbent upon the plaintiff to prove property in himself, andpossession in the defendant At present, the action of detinue is proper in every casewhere the owner prefers recovering the specific property to damages for its conversion,and no regard is had to the manner in which the defendant acquired the possession.Peirce v. Hill, 9 Port. (Ala.) 151, 33 Am. Dec. 306.
What is DETINUE?
Featuring Black’s Law Dictionary
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
- How To Take Someone To Small Claims Court
- What is Jury Nullification?
- Guide to Court Ordered Mediation
- Workplace Retaliation – What It Is And How To Handle It
- A Guide on Lemon Law for New & Used Cars
- The Exclusionary Rule
- Illegal Eviction – The Consequences & How to Avoid It
- California Landlord-Tenant Laws
- What is Duress?
- Conservatorship vs Guardianship
- Best Way to Find Someone in Jail for Free
- What Is A Police Welfare Check?
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?