detinue

det·i·nue

(dĕt′n-o͞o′, -yo͞o′)

n. Law

a. An action to recover possession or the value of property wrongfully detained.

b. The writ authorizing such action.

2. The act of unlawfully detaining personal property.

[Middle English detenue, from Old French, detention, from feminine past participle of detenir, to detain; see detain.]

detinue

(ˈdɛtɪˌnjuː)

(Law) law an action brought by a plaintiff to recover goods wrongfully detained

[C15: from Old French detenue, from detenir to detain]

det•i•nue

(ˈdɛt nˌu, -ˈyu)

n.

(in common law) an action to recover personal property wrongfully detained.

[1425–75; late Middle English detenu < Anglo-French detenue, detinue detention, orig. feminine past participle of detenir to detain]

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References in periodicals archive ?

property), detinue (to recover possession of personal property

Justice Scalia, implied rights of action, and historical practice

The lower appellate court had dismissed the appeal on the basis that because there was no right of property in a dead body, a dead body could not be the subject of an action for detinue.

Human remains as heritage: categorisation, legislation and protection

96) The tax collector then levied on the bondholder's assets for underpayment, and this decision set the stage for an action in detinue by the bondholder.

An ex ante approach to excessive state debt

55) At common law, the action for vindication of pre-existing property rights fell into disuse following the decline of the writ of detinue until its abolition by the Torts (Interference with Goods) Act 1977 (UK), c 32, s 2.

Characterization of proprietary restitution in the conflict of laws

Okorie, Flexibility of Damages for Conversion and Detinue, 17 AFR.

Reviewing the law reviews

torts then typically involved causes of action such as detinue, the

Pleading sovereign immunity: the doctrinal underpinnings of Hans v. Louisiana and Ex Parte Young

Without the intention to keep it in defiance of the owner's title (by refusing to relinquish it, for example), the appropriate action for wrongful detention was detinue.

New sightings of Christopher Marlowe in London

39) In the case of chattels the return of the chattel will only be possible if the specific requirements for specific restitution in a claim for detinue are met.

Recipient liability under the Torrens system: some category errors

relatively unimportant common law remedies, such as trover, detinue,

Recovering American administrative law: federalist foundations, 1787-1801

159) Detinue was the common law remedy for recovery of a specific personal property and damages for the property's detention.

St. George Tucker's law papers

354) Moreover, some relevant tort remedies, for instance conversion and detinue, depend upon proof of the existence of a property right.

The concept of sepulchral rights in Canada and the U.S. in the age of genomics: hints from Iceland

90) At common law the defendant in an action for detinue had the option of whether to return the property or to give its value to the plaintiff: see Fleming, supra note 25, c.