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Detainer

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

1.

The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus.

2.

A detainer or detention of goods is either lawful or unlawful; when lawful the party having possession of them cannot be deprived of it. The detention may be unlawful although the original taking were lawful; as when goods were distrained for rent, and the rent was and interest was afterwards paid in these and the like cases, the owner should make a demand, (q. v.) and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff.

3.

A writ or instrument issued or made by a competent officer, authorising the keeper of a prison to keep in his custody a person therein named; a detainer may be lodged against one within the walls of a prison, on what account soever he is there.

Com. Dig. Process, E 3 b.;.

DETERMINATION, is the end, the conclusion of a right or authority; as, the determination of a lease, Com. Dig. Estates by grant, G 10, 11, and 12. The determination of an authority, is the. end of the authority given, the end of the return day of a writ determines the authority of the sheriff; the death of the principal determines the authority of a mere attorney.