detinue

detinue
/detan(y)uw/ A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together with damages for the detention. Possessory action for recovery of personal chattels unjustly detained. Durst v. Durst, 232 Md. 311, 193 A.2d 26.
See also replevin
The action of detinue is defined in the old books as a remedy founded upon the delivery of goods by the owner tff another to keep, who afterwards refuses to redeliver them to the bailor; and it is said that, to authorize the maintenance of the action, it is necessary that the defendant should have come lawfully into the possession of the chattel, either by delivery to him or by finding it. In fact, it was once understood to be the 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 original taking. It is only incumbent upon the plaintiff to prove property in himself, and possession in the defendant. The action of detinue is proper in every case where 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

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • detinue — det·i·nue / det ən ˌü, ˌyü/ n [Anglo French detenue, from feminine past participle of detenir to detain see detainer]: a common law action for the recovery of personal property belonging to the plaintiff that is wrongfully detained by the… …   Law dictionary

  • 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 …   The Collaborative International Dictionary of English

  • detinue — [det′ n yo͞o΄, det′ n o͞o΄] n. [ME < OFr, fem. pp. of detenir: see DETAIN] Law 1. the unlawful detention of personal property which originally was rightfully acquired 2. an action or writ for the recovery of property unlawfully detained, as in …   English World dictionary

  • Detinue — Tort law Part of the …   Wikipedia

  • detinue — /detan(y)uw/ A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together with damages for the detention. Possessory action for recovery of …   Black's law dictionary

  • detinue — /det n ooh , yooh /, n. Law. an old commonlaw form of action to recover possession of personal property wrongfully detained. [1425 75; late ME detenu < AF detenue, detinue detention, orig. fem. ptp. of detenir to DETAIN] * * * …   Universalium

  • detinue — det•i•nue [[t]ˈdɛt nˌu, ˈyu[/t]] n. law (in common law) an action to recover personal property wrongfully detained • Etymology: 1425–75; late ME detenu < AF detenue, detinue detention, orig. fem. ptp. of detenir to detain …   From formal English to slang

  • detinue — A common law remedy for the recovery in specie of chattels wrongfully withheld from the plaintiff. See non detinet; writ of detinue …   Ballentine's law dictionary

  • detinue — noun Etymology: Middle English detenewe, from Anglo French detenue detention, from feminine of detenu, past participle of detenir to detain Date: 15th century 1. a common law action for the recovery of a personal chattel …   New Collegiate Dictionary

  • detinue — noun A legal action to reclaim goods wrongfully detained …   Wiktionary

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