determine

to fix conclusively or authoritatively" or "to settle a question or controversy." 4 Webster's *31 3d, at 616.

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.

To come to an end. To bring to an end. 2 Bla. Com. 121; 1 Washb. R. P. 3S0. DETINET (Lat. detinere, to detain; detinet, he detains). In Pleading. An action of debt is said to be in the detinet when it is alleged merely that the defendant withholds or unjustly detains from the plaintiff the thing or amount demanded. The action is so brought by an executor, 1 Wms. Saund. 1; and so between the contracting parties when for the recovery of such things as a ship, horse, etc.; 3 Bla. Com. 156. An action of replevin is said to be in the detinet when the defendant 'retains possession of the property until after judgment in the action; Bull. N. P. 52; Chit. PI. 145. It is said that anciently there was a form of writ adapted to bringing the action in this form; but it is not to be found in any of the books; 1 Chit. PL 145.' In some of the states the defendant is allowed to retain possession upon giving a bond similar to that required of the plaintiff in the common-law form; the action is then in the detinet; 3 Sharsw. Bla. Com. 146, n.; Bower v. Tallman, 5 W. & S. (Pa.) 556; Beebe v. De Baun, 8 Ark. 510; Zachrisson v. Ahman, 2 Sandf. (N. Y.) 68; Ingalls v. Bulkley, 13 111. 315; Boswell v. Green, 25 N. J. L. 390. The jury are to find the value of the chattels in such case, as well as the damage sustained. See- Debet et Detinet; Detintjit. DETINUE (Lat. detinere, to withhold). In Practice. A form of action which lies for the recovery, in specie, of personal chattels from one whp acquired possession of them lawfully but retains it without right, together with damages for the detention. 3 Bla. Com. 151. It is generally laid down as necessary to the maintenance of this action that the orignal taking should have been lawful, thus distinguishing it from retaking, 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. PI. 112. See 3 Sharsw. Bla. Com. 152. In England this action has yielded to the more practical and less technical action trover, but was formerly much used for the recovery of slaves; Kent v. Armistead, 4 Munf. (Va.) 72; Hansen's Adm'r v. Israel, 3 Bibb (Ky.) 510; Hooper's Adm'r v. Hooper, 1 Ov. (Tenn.) 187; Foscue v. Eubank, 32 N. C. 424. In detinue these points are necessary: L The plaintiff must have property in the thing sought to be recovered. 2. He must have the right to its immediate possession. 3. It must he capable of identification. 4. That the property be of some value. 5. The defendant must have had possession at some time prior to the institution of the action. Hefner v. Fuller, 58 W. Va. 159, 52 S. E. 513, 3 L. R. A. (N. S.) 13S, 112 Am. St. Rep. 961. The action lies only to recover such goods as are capable of being identified and distinguished from all others; Audr. Steph. PL 79, n.; Com. Dig. Detinue, B, C; Co. Litt. 2S6 b; Lewis v. Hoover, 1 J. J. Marsh. (Ky.) 500, 19 Am. Dec. 120; Hail v. Reed, 15 B. Monr. (Ky.) 479; Wright v. Ross, 2 G. Greene (la.) 266; Goff v. Gott, 5 Sneed. (Tenn.) 562; in cases where the defendant had originally lawful possession, which he retains without right; Melton v. Mc Donald, 2 Mo. 45, 22 Am. Dec. 437; Spaulding v. Scanland, 4 B. Monr. (Ky.) 365; Stoker v. Yerby, 11 Ala. 322; as where goods were delivered for application to a specific purpose; 4 B. & P. 140; but a tort in taking may be waived, it is said, and detinue brought; Owings v. Frier, 2 A. K. Marsh. (Ky.) 268, 12 Am. Dec. 393; Schulenberg v. Campbell, 14 Mo. 491; O'Neill v. Henderson, 15 Ark. 235, 60 Am. Dec. 568. That it lies whether the taking was tortious or not, see Beazley v. Mitchell, 9 Ala. 780; Overfield v. Bullitt, 1 Mo. 749. It may be maintained for the recovery of a policy of insurance where it has been paid for, but is withheld by the agent; Robinson v. Peterson, 40 111. App. 132; or to recover a promissory note; Hefner v. Fidler, 58 W. Va. 159, 52 S. E. 513, 3 L. R. A. (N. S.) 138, 112 Am. St. Rep. 961; Brown v. Pollard, 89 Va. 696, 17 S. E. 6. The property must be in existence at the time; Caldwell v. Fenwick, 2 Dana (Ky.) 332; Lindsey v. Perry, 1 Ala. 203; Bethea v. Mc Lennon, 23 N. C. 523; see Haile v. Hill, 13 Mo. 612; but need not be in the possession of the defendant; Pool v. Adkisson, 1 Dana (Ky.) 110; Haley v. Rowan, 5 Yerg. (Tenn.) 301, 26 Am. Dec. 268; Gaines v. Harvin, 19 Ala. 491; Barksdale. v. Appleberry, 23 Mo. 389; Easley's Ex'rs v. Easley, 18 B. Monr. (Ky.) 86. The plaintiff must have had actual possession, or a right to immediate possession; Melton v. Mc Donald, 2 Mo. 45, 22 Am. Dec. 437; Burnley v. Lambert, 1 Wash. (Va.) 308; Smart v. Clift,, 4 Bibb (Ky.) 518; 168; Hughes v. Jones, 2 Md. Ch. Dec. 178; but ft special property, as that of a bailee, with actual possession at the time of delivery to the defendant, is sufficient; 2 Wins. Saund. 47 b; Boyle v. Townes, 9 Leigh (Vn.i 158; Spaulding v. Scanland, 4 B. Monr. (Ky. Melton v. Mc Donald, 2 Mo. 45, 22 Am. Dec 437; Bryan v. Smith, 22 Ala. 534. A mere equitable claim reserved by a vendor on the sale of personal property for the unpaid purchase money, Is not sufficient title to authorize a recovery in detinue; Lucas v. I'ittman, Pi Ala. 616, 10 South. 603. Hither want of title in the plaintiff or the absence of possession in defendant, when the action was it. will prevent plaintiffs recovery, as constructive possession in defendant from the fact that he bad the title is not sufficient; Burns v. Morrison, 36 W. Va. 423, 15 S. 11 62. A demand is not requisite except to entitle the plaintiff to da between demand and the commencement of the action; Cole v. Cole's Adin'r, 4 Bibb (Ky.) 340; Schulenberg v. Campbell. 11 Mo. 401; Jones v. Henry..", Pitt. (Ky.) 40; Mortimer v. Brumfield, 3 Munf. (Va.) 122; Dunn v. Davis, 12 Ala. 135; Eastman v. Burke County Com'rs, 114 N. C. 524, 19 S. B. 599. The declaration may state a bailment or trover; though a simple allegation thai the goods came to the defendant's hands is sufficient; Brooke, Abr. Detinue, 10. The bailment or trover alleged is not traversable; Brooke, Abr. Detinue, 1, 2,.",0. It must describe the property with accuracy; Felt v. Williams, 1 Scam. (111.) 206; March v. Leckie, 35 X. C. 172. 55 Am. Dec, 431; Wright v. Ross. 2 Greene (la.) 266. The pica of non dettnet is the general issue, audi special matter may be given in evidence under it; Co. Litt 283; 16 E. L. & Eq. 514; Stratton v. Minnis, 2 Munf. (Va.) 329; Morrow v. Hatfield, 6 Bumphr. (Tenn.) 108; Lucas v. Liftman, 94 Ala. 616, 10 South. Cm:;; including title in a third person; Tanner v. Allison, 3 Dana (Ky.) -122; Mc Curry v. Hooper, 12 Ala. 823. 40 Am. Dec 280; eviction, or accidental loss by a bailee; Rucker v. Hamilton, 3 Dana (Ky.) 3d. The plea of not guilty is not appropriate; Robii Peterson, 40 111. App. 132. The defendant in this action frequently prayed garnishment of a third person, who he alleged owned or bad an Interest in the thing demanded; but tins he could not do without confessing the possession of the thing demanded, and making privity of bailment; Brooke. Abr. Garnishment, l, Interpleader, 3. If the prayer of garnishment was allowed, a sri. fa. issued against the person named as garnishee. If be made default, the plaintiff recovered against the defendant the chattel demanded, hut no damages. If the garnishee appeared, and the plaintiff made default, the garnishee recovered. If both aptel demanded, and a distringas in execution; and against the gai a judgment for damages, and a ft. fa. in execution. The Judgment is in the alternative that the plaintiff recover the the value thereof if be cannot have the property itself; Haynes v. < 1. 7 Ala. 189: Carland v. Bugg, 5 Munf. i \ lei v. r, 1 Bibb (Ky. > 484; Th Thompson's Ex'rs, 7 P. Monr. (Ky.) 421; Waite v. Dolby, S Bumphr. (Tenn.) Mulliken v. Creer, 5 Mo. 489; Murphy v. Moore, 39 X. O. 118; Wilson v. Buchanan, 7 Gratt I \'a. i 343; Blakely's Adm'r v. can, 4 Tex. 184; Arthur v. [ngles, 31 \V. Va.

To cease, terminate, or come to an end, on the happening of a certain contingency; to cause to cease or terminate.

Tocometoanend. To bring toanend, 2 Bl. Comm, 121; 1 Washb. Real Prop. 380. presence of witnesses, (denuntiatio facta cum testutione.) Dig. 50, 16, 40.

To end, terminate; to close; to ascertain, settle. 1. To come to an end: as, for an estate for life to determine at death. 2. To decide: as, to determine a question, a controversy. Compare Define. Determinable. Liable to come to an end: as, a determinable fee, q. v. Determination. The ending of a thing — an action or proceeding, some right or privilege; also, the act of ascertaining a matter of fact or of law; and, again, the act of deciding, and the decision itself. Compare Premeditate. "Determined" and "has become void" both imply that the thing has in effect been brought to an end. But while the former comprehends every mode of terminating or of bringing to an end, the latter applies to termination in one specific mode. To "finally determine" refers to a final determination in the absolute sense. When a special tribunal has power to hear and determine a matter, its decision, within the scope of its authority, binds all parties. In this category, for example, are the decisions of land officers. Compare Sewer; Tribunal.

To cease; to end, in the happening of a contingency, as distinguished from ezpire, to end by natural hmitation.

[L. Lat. determinare, from terminus, an end or limit.] To cease, terminate, or come to an end, on the happening of a certain contingency. "There are some estates for life which may determine upon future contingencies, before the life for which they are created expires. As, if an estate be granted to a woman during her widowhood, or to a man until he be promoted to a benefice; in these and similar cases, whenever the contingency happens, when the widow marries, or when the grantee obtains a benefice, the respective estates are absolutely determined and gone." 2 Bl. Com. 121. This illustrates the distinction between determination and expiration. To cause to cease or terminate; to put an end to, or bring to an end. Where a tenant holds his estate at the will of his lessor, the latter may determine his will and put him out whenever he pleases. 2 Bl. Com. 145. 2 Crabb's Real Prop. 407 et seq. If a person determines his estate by his own act, he shall not have emblements. Co. Litt. 56 b.