Detinue

An action for depriving one of the possession of personalty acquired originally by lawful means. Thus, if A lends B a horse, and B refuses to restore it, the injury consists in the detaining, not in the orig- 1 See 3 Bl. Com. 179. = Ladd V. Dubroca, 45 Ala. 427 (1871); 71 id.

571; 1 Euss. Cr. 310; 41 111.

285; 4 Bl. Com. 148. ' L. detemiinare, to end, bound: terminus, limit, boundary. * See 2 Bl. Com. 121, 146; 1 Washb. E. P. 380. ' ' [Sharp V. Curds, 4 Bibb, 548 (1817). d taking: and possession may be recovered by an tion.of detinue. To successfully maintain the ac- >u it is essential: that the defendant came lawfully to possession of the goods; that the plaintiff has a operty in them; that they be of some value; and at they be identified. If the jury find for the plaintthey must assess the value of the several articles, id damages for the detention. The judgment is at the plaintiff recover the goods, or, if they cannot ) had, then their respective values, and the damages carded for the detention.' The plea of non detinet raises the general issue. L some States this action has yielded to the less techcal actions of trover and replevin, gg. v,