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| | Detinue - definition of Detinue in Encyclopedia |
 | | In law, detinue is a common law remedy to obtain the return of chattels (personal property or portable property) that have been wrongly converted to the use of another person, or are being unlawfully withheld from a person with good title to the chattel. | | | Detinue is unique from other remedies in that it can force the return of the chattel instead of just the payment at the market-value of the chattel at the time of judgment. | | | However, a person who obtained illegally converted chattels as a good faith purchaser for consideration is immune from from a remedy in detinue. |
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http://encyclopedia.laborlawtalk.com/Detinue
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| | Detinue - Wikipedia, the free encyclopedia |
| | 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. | | | For an action in detinue to succeed a claimant must first prove that they 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. | | | In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. |
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http://en.wikipedia.org/wiki/Detinue
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| | Shenandoah Legal Group, P.C. - Replevin/Detinue |
| | Detinue is similar to replevin, except that in a detinue action, the court grants a money judgement and sets a fair market value for the collateral, and gives the debtor between 10 and 30 days to redeem it. | | | In addition to tendering the balance due under the contract, the borrower must pay the reasonable expenses the creditor incurred in repossessing the vehicle, holding it, preparing it for sale, and the extent provided in the contract and not prohibited by law, reasonable attorney’s fees and legal expenses. | | | Upon failure of the debtor to redeem the item, the Court will issue a Writ of Possession for the specific item. |
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http://www.shenlegal.com/replevin.html
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| | District Court of Maryland Self Help |
| | Detinues for more than $25,000 must be filed in a circuit court. | | | Whether you filed a replevin or a detinue, at the trial you must be prepared to present your case; have any witnesses ready and available to testify; and offer evidence, exhibits, and material to support your claim. | | | Both a replevin and a detinue require a trial to determine who is the rightful owner of the property and any possible damages. |
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http://www.courts.state.md.us/district/forms/civil/dccv04br.html
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| | [No title] |
| | But afterwards Shardelow said that the issue is only on the detinue, which detinue is found, and therefore the court adjudges that the plaintiff do recover the charter, and damages assessed at one half mark, and that the defendant be distrained to give up the charter. | | | The agreement protected could either be the leaseholder's quiet enjoyment of the tenements or the landlord's right to receive the tenement back in as good condition as it had been. | | | The government yet did not yet accord an overwhelming priority to compelling the return of the deeds to the appropriate hands. |
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http://vi.uh.edu/pages/bob/elhone/Detinue.html
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| | [No title] |
| | The forty-shilling rule: all cases brought in lower courts (county, hundred, although not borough courts) in debt or detinue worth 40s or more must be brought by writ, not by plaint. | | | removed suits of debt, detinue, replevin, and trespass into the king's court that had begun in the lower courts by plaint. | | | removed suits of debt, detinue, and replevin into the king's court that had begun in the lower courts by virtue of a royal writ. |
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http://vi.uh.edu/pages/bob/elhone/debt.html
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| | KOWAL v. ELLIS |
| | On appeal by the defendant from a judgment in favour of the plaintiff in detinue, requiring the defendant to deliver up the pump to the plaintiff, held, the appeal should be dismissed. | | | The relationship was one of bailment and, like any other bailee, the plaintiff became entitled to sue, in trover or in detinue, anyone who interfered with his right of possession, save only the true owner or someone claiming through or on behalf of the true owner. | | | The relationship was one of bailment and, like any other bailee, the plaintiff has become entitled to sue in trover or, as here, in detinue anyone who has interfered with his right of possession, save only the true owner or someone claiming through or on behalf of the true owner. |
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http://www.umanitoba.ca/faculties/law/Courses/Fainstein/kowal.htm
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| | Conversion and detinue |
| | In a final section, 21 conclusions are highlighted with 11 recommendations largely based on the extinction of the existing remedies of detinue and trespass to goods and the enlargement of the category of persons entitled to sue for wrongful interference. | | | "We were invited, in June 1967, to consider 'whether any changes are desirable in the law relating to conversion and detinue and to the recaption of chattels' and those terms of reference were later, at our request, extended to cover trespass to goods. | | | Our examination of these matters has involved some reference to three allied subjects, namely replevin, transfer of title to chattels and copyright, but.... |
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http://www.bopcris.ac.uk/bop1965/ref2603.html
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| | LeanLegal Dictionary - D |
| | detinue A common law action similar to conversion which involves possession of plaintiff's property by the defendant which the plaintiff asks a court to return in addition to damages for the duration of the possession. |
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http://www.leanlegal.us/dictionary/d.asp
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| | Detinue Law and Legal Definition - USlegalforms.com |
| | The defendant in detinue takes the property by lawful means and the plaintiff need not ever have possessed the property to claim a right to the property in detinue. | | | The property sought must be of a uniquely identifiable nature and no demand must be made upon the defendant before the plaintiff brings a detinue action. | | | The following is an example of a state statute dealing with detinue: |
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http://www.uslegalforms.com/lawdigest/legaldefinitions.php/detinue.htm
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| | Section 28-4-265 |
| | Liquors and beverages, etc., seized not to be recovered by writ of replevin or detinue during pendency of proceedings under article; final judgment of condemnation to bar actions to recover liquors and beverages, etc., seized, etc. | | | A final judgment of condemnation in all proceedings under this article shall be a bar to all actions for the recovery of any liquors and beverages or vessels and receptacles seized or for the value of the same and for damages alleged to arise by reason of the seizure and detention thereof. | | | Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the officer by writ of replevin or detinue or other process while the proceedings under this article are pending. |
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http://www.legislature.state.al.us/CodeOfAlabama/1975/28-4-265.htm
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| | Restitution: Chapter I, Section 6 |
| | And since detinue has, in the United States, pretty well been replaced by statutory actions of replevin, it is also hard to find modern cases expressly sounding in detinue. | | | This is somewhat obscured by the modern tendency to divide all civil actions into actions on tort and actions on contract. | | | Since, however, an action of debt lies on an obligation to pay a fixed sum created by a judgment or a statute it is apparent that the action is not necessarily based on contract. |
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http://samsara.law.cwru.edu/restitution/cb_html/c1s6.html
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| | PKNS v Teo Kai Huat Building Contractor [HCM] |
| | At common law it resulted in a judgment for delivery up of the chattel or payment of its value as assessed, and for payment of damages for its detention. | | | As to the measure of damages for detinue where the chattels detained by the wrong doer are normally let out on hire by their owner, see Strand Electric Co v Brisford Entertainments [1952] 2 QB 246; Capital Finance Co Ltd v Bray [1964] 1 WLR 323. | | | A judgment in the first form is appropriate where the chattel is an ordinary article in commerce, for the court will not normally order specific restitution in such a case, where damages are an adequate remedy (see Whiteley, Ltd v Hilt). |
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http://www.ipsofactoj.com/archive/1982/Part3/arc1982(3)-004.htm
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| | Detinue |
| | Once a Detinue action is filed, a prejudgment hearing is quickly set by the Court. | | | A Detinue action may be filed either alone or along with an action requesting a money judgment. | | | At the prejudgment hearing, the Court conducts a broad inquiry into the nature of the right of the Plaintiff to immediate possession and of the Defendant, if any, to keep possession of the property. |
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http://www.wvdefense.com/collections/detinue.htm
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| | Samoa - Westbrook v Esera - Pacific Law Materials |
| | Consequently, the plaintiff brought these proceedings in detinue for the return to him of the vehicle and for damages; the cause of action in detinue having accrued at the time the defendants refused the plaintiff’s demand to deliver up the vehicle. | | | I have not been able to find any case, and none was cited to the Court, where damages for inconvenience has been awarded in case of detinue, at least a case with facts similar to this one. | | | As I understand counsel for the plaintiff, the only claim for damages she really pursued in the course of these proceedings was damages for the unlawful use of the vehicle by the defendants from 31 August to 30 November 2001, a period of 92 days. |
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http://www.vanuatu.usp.ac.fj/Paclawmat/Samoa_cases/N-Z/Westbrook_v_Esera.html
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| | [No title] |
| | Brought originally in the Geneva Circuit Court, the case was transferred to the Montgomery Circuit Court on Conservation's motion. | | | This fact presents no procedural impediment, however, because "[c]ommon-law detinue still exists in this state and does not involve recovery of property at the time of suit but only after judgment." Richardson v. | | | It is also elementary that the plaintiff must have the right to the possession of the chattel at the commencement of the suit, in order to recover." Jesse French Piano and Organ Co. v. |
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http://www.wallacejordan.com/decisions/Opinions2003/1011658.htm
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| | Restitution: Chapter I, Section 5 |
| | Like replevin, detinue was for the recovery of specific property, but unlike replevin, the action proceeded without a prejudgment seizure of the property and the plaintiff was not required to post bond. | | | Notwithstanding the distinction as to the date of determining value and the fact that the action of detinue has never been formally abolished, it is usually said that the action of detinue is obsolete because in Florida, now by statute, replevin relates to property both wrongfully taken and wrongfully detained. | | | What the court is describing here is the action known as indebitatus assumpsit (or general assumpsit), a cause of action which grew out of case and which was available whenever debt was available, but which also could be used in many cases where the action of debt would not lie. |
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http://samsara.law.cwru.edu/restitution/cb_html/c1s5.html
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| | Subchapter IV. Replevin and Detinue |
| | The proceeding before justices of the peace in actions of replevin and detinue shall be by writ as provided in this subchapter. | | | Please seek legal counsel for help on interpretation of individual statutes. |
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http://www.delcode.state.de.us/title10/c095/sc04
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| | List of legal terms - Wikipedia, the free encyclopedia |
| | It is, in exceptional cases, possible to obtain a mandatory injunction, which is a court order compelling a certain course of action (for example, demolition of an illegal structure) on penalty of contempt of court. | | | It is the acknowledgement of a third party who has better possession than the claimant seeking the action. | | | Literally meaning "rights of a third [person]", is a defense in tort law against claims of possession such as detinue, or conversion. |
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http://en.wikipedia.org/wiki/List_of_legal_terms
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| | DETINUE - LoveToKnow Article on DETINUE |
| | If the plaintiff succeeds in an action of detinue, the judgment is that he recover the chattel or, if it cannot be had, its value, which is assessed by the judge and jury, and also certain damages for detaining the same. | | | An order for the restitution of the specific goods may be enforced by a special writ of execution, called a writ of delivery. | | | To properly cite this DETINUE article in your work, copy the complete reference below: |
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http://www.1911encyclopedia.org/D/DE/DETINUE.htm
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| | Define Detinue : powered by In Dictionary (InDicitonary.com) |
| | 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. | | | "DETINUE" bouvier "Bouvier's Law Dictionary, Revised 6th Ed (1856)" | | | See Detain.] A person or thing detained; (Law) A form of action for the recovery of a personal chattel wrongfully detained. |
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http://www.indictionary.com/define/Detinue
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| | IN THE HIGH COURT OF MALAWI |
| | In the present case this court is of the view that the appropriate award consideration of all the circumstance above ought to be K60,000.00 for detinue. | | | These damages ought only to be for detinue as there is no evidence of conversion but only detinue. | | | It is also clear that the defendant is liable in damages for detinue ie the unlawful detention of the keys herein from 3 |
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http://www.judiciary.mw/civil/James_Masonga_Sani_Tyres.htm
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| | Search Legal Question and Answer Database - LawGuru.com BBS - |
| | In-Reply-To: warrant in detinue against a disolved limited liabiliy corp. | | | Re: warrant in detinue against a disolved limited liabiliy corp. | | | The owners of a dissolved LLC are liable for the LLC 's debts to the extent of assets distributed to them on dissolution (they hold such assets in trust for the creditors). |
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http://www.lawguru.com/cgi/bbs/mesg.cgi?i=428340213
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| | TROVER - LoveToKnow Article on TROVER |
| | In an action for detention of a chattel (the representative of the old action of detinue), the plaintiff may have judgment and execution by writ of delivery for the chattel itself or for its value at his option. | | | It was brought for damages for the detention of a chattel, and differed from detinue in that the latter was brought for the return of the chattel itself. | | | An action for conversion or detention must be brought within six years. |
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http://84.1911encyclopedia.org/T/TR/TROVER.htm
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| | EnglishLaw : Main : Detinue |
| | By the late 20th century, detinue had contracted until it was only pleaded in cases where the bailee had received the goods, and then lost them. | | | This would not have been a conversion, because conversion required a positive act. | | | There is or, rather, was a detinue, if the defendant used or retained goods supplied by the claimant under a bailment without authorisation. |
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http://www.web-tomorrow.com/twiki/bin/view/Main/Detinue
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| | DETINUE |
| | proces de redobândire a bunurilor (action of detinue). | | | иÑк о возвÑаÑении незаконно заÑ
ваÑенного имÑÑеÑÑва (action of detinue). | | | " DETINUE " is generally used as a noun (singular) -- approximately 100.00% of the time. |
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http://www.websters-online-dictionary.org/De/Detinue.html
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| | Suit in Detinue - John Andrews (1771) |
| | SUIT IN DETINUE - ANDREWS, John - Court for April 22, 1771. | | | of Robert Hix, dec'd., plaintiff, against James Hicks, suit in detinue. | | | Order Book 11, page 351, Brunswick County, Virginia |
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http://www.grigg-family.net/cam/brunswickcova/varecords/Page9.htm
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| | Detinue |
| | List shorter words within detinue, sorted by length | | | The word "detinue" uses 7 letters: D E E I N T U. | | | List all words starting with detinue, words containing detinue or words ending with detinue |
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http://www.morewords.com/word/detinue
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| | Detinue |
| | dead man statute into adverse possession Detinue lawyer. | | | shepardize dui's Welcome to the #1 real estate investing site (wolrd) interest rates detinue and search for controlled substance and find details of emancipated minor etc. personal property features. |
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http://www.thedirs.com/foreclosures/detinue.htm
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| | [No title] |
| | Steiman note: Sue in detinue for return of chattel. | | | (bond) Torts Protecting Interests in Chattels 1) trespass 2) detinue 3) conversion (orÜ¥e 3À d e à D> 0 l 0 l 8 8 8 8 8 $: J8 Ú $: $: $: $: " F: $: k= 1 b: f: f: f: f: : : : Ñ: Ó: Ó: Ó: ( û: ; | | | in detinue) DATE \l 0 & H 1!a ÿÿÿ " 0 & è¡ ñQ ÿÿÿ " 0 & ¸ÿA Á! ÿÿÿ " 0 & H pÿ1!a ÿÿÿ " 0 & H 1!$ ÿÿÿ " ( see Steiman v. |
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http://faculty.law.ubc.ca/cans/200level/torts/topics/CHATTEL.DOC
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| | ACTION OF DETINUE |
| | Translations for "ACTION OF DETINUE"; alternative meanings/domain in parentheses. |
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http://www.websters-online-dictionary.org/definition/ACTION+OF+DETINUE
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| | Merriam-Webster Online |
| | For More Information on "detinue" go to Britannica.com | | | Get the Top 10 Search Results for "detinue" |
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http://www.m-w.com/cgi-bin/dictionary?va=detinue
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| | MSN Encarta - Dictionary - detinue |
| | Click here to search all of MSN Encarta | | | Search for " detinue " in all of MSN Encarta |
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http://encarta.msn.com/dictionary_1861604156_1861604186/nextpage.html
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