Crossword clues for detinue
detinue
The Collaborative International 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.
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 It is now in a great measure superseded by other remedies.
Wiktionary
n. 1 A person or thing detained; a detainee. 2 (context legal English) A legal action to reclaim goods wrongfully detained.
WordNet
Wikipedia
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant and second that the defendant refused to return the chattel once demanded by the claimant.
Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld.
Usage examples of "detinue".
In detinue the plea was that the plaintiff delivered the defendant a chest locked with his key, that the chattels were in the chest, and that they were taken from the defendant together with his own goods by robbery.
And it is not any plea in a detinue to say that he was robbed by one such.
In this and the earlier instances of loss by theft, the action was detinue, counting, we may presume, simply on a delivery and wrongful detainer.
If the chattel could be returned in specie, detinue afforded no satisfaction for damage which it might have suffered through the bailee's neglect.
As before, the breach of duty complained of might be such damage to property as had always been sued for in that form of action, or it might be a loss by theft for which detinue would formerly have been brought, and which fell on the bailee only by reason of the bailment.
The declaration in detinue per inventionem was called "un newfound Haliday" in Y.
See too Keilway, 77 b, and 160, pl. 2, where the encroachment of case on detinue, and the corresponding confusion in principle, may be pretty clearly seen taking place.