Determine

To come to an end. To bring to an end.

2 Bl. Comm. 121; 1 Washb. Real Prop. 380.

DETESTATIO (Lat.) In the civil law. A summoning made, or notice given, in the presence of witnesses, denuntiatio facta cum testatione.

Dig. 50. 16. 40.

DETINET (Lat. detinere, to detain; detinet, he detains). In pleading. An action of debt is said to be in the detinet when it alleged merely that the defendant withholds or unjustly detains from the plaintiJ the thing or amount demanded, as distinguished from actions in the cepit where a ' wrongful taking is alleged. DETINUE (Lat. ditinffere, — de, and tenere, — to hold from; to withhold.) In practice. A form of action which lies for the recovery, in specie, of personal chattels from one who acquired possession of them lawfully, but retains it without right, together with damages for the detention.

3 Bl. Comm. 151.

It is generally laid down as necessary to the maintenance of this action that the original taking should have been lawful, thus distinguishing it from replevin, which lies in case the original taking is unlawful.

Brooke, Abr. "Detinue," 21, 36, 63.

It is said, however, by Chitty, that it lies in cases of tortious taking, except as a distress, and that it is thus distinguished from replevin, which lay originally only where a distress was made, as was claimed, wrongfully.

1 Chit. PL 112, 113.

See 8 Sharswood, Bl. Comm. 162, and notes. In England this action has yielded to the more practical and less technical action trover, of slaves.

4 Munf. (Va.) 72; 4 Ala. 221; 3 Bibb (Ky.) 510; 16 Overt. (Tenn.) 187; 10 Ired. (N. 0.) 124.

DETINUE OF GOODS IN FRANK MARriage. An obsolete writ, by which, after a divorce, the wife might obtain the goods which were given with her in marriage. DETINUIT (Lat. he detained). In pleading. An action of replevin is said to be in the detinuit when the plaintiff acquires possession of the property claimed by means of the writ. The right to retain is, of course, subject in such case to the judgment of the court upon his title to the property claimed.

Buller, N. P. 521.

DETRACTARE (Law Lat.) In ola English law. To draw, or drag; to draw along; to draw or drag a convict to the gallows or stake. Detractentur et suspendentur, they shall be drawn and hanged. Pleta, lib.

1, c. 37, § 4.

Detractari et comburi, to be drawn and burned.

Id. § 2.