Detinue - Encyclopedia




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DETINUE (0. Fr. detenue, from detenir, to hold back), in law, an action whereby one who has an absolute or a special property in goods seeks to recover from another who is in actual possession and refuses to redeliver them. 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. (See CONTRACT; TROVER.)

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