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DETINUE

Volume 5 · 179 words · 1797 Edition

in law, a writ or action that lies against one who has got goods or other things delivered to him to keep, and afterwards refuses to deliver them.β€”In this action, the thing detained is generally to be recovered, and not damages; but if one cannot recover the thing itself, he shall recover damages for the thing, and also for the detainer. Detinue lies for any thing certain and valuable, wherein one may have a property or right; as for a horse, cow, sheep, hens, dogs, jewels, plate, cloth, bags of money, sacks of corn, &c. It must be laid so certain, that the thing detained may be known and recovered: and therefore, for money out of a bag, or corn out of a sack, &c. it lies not; for the money or corn cannot in this case be known from other money or corn; so that the party must have an action on the case, &c. Yet detinue may be brought for a piece of gold of the price of 22 s. though not for 22 s. in money.