detinue การใช้

• In colonial America, replevin was used more often than detinue.
• Glanvill described one action which had features of both debt and detinue.
• After Bracton an action in detinue applied, but not in every case.
• There were certain defects in detinue sur trover.
• In 1315, an action in detinue was allowed for  breaking the bulk.
• The standard remedy in a detinue action is an order that the property be returned.
• Just as forms of assumpsit replaced debt, so in the seventeenth century trover replaced detinue.
• In the cases of a chattel damaged or destroyed, the plaintiff must choose some remedy other than detinue.
• In modern practice, detinue has been superseded almost entirely by statutory actions for the recovery of personal property.
• Detinue against the finder of a charter seems to have found its way into the common law by 1389.
• This attitude allowing detinue was not universally held, as can be seen from the cases noted in this section.
• In those days, action in " detinue sur trover " could not lie against a third party.
• Later, in 1473, breaking the bulk was determined to be a felony, and not an action in pure detinue.
• Detinue is distinguished from common-law trover which is for the recovery of damages for the wrongful conversion of personal property.
• In tort law, "'detinue "'is an action to recover for the wrongful taking of personal property.
• A common way to escape all writs, even the writ of right, as well as debt and detinue was to claim sickness.
• B would be arrested as a result, and the covenant, detinue and debt actions undertaken by bill after he had been detained.
• The defendant to a writ of debt or detinue might bring others with him who would swear that his denial of the claim was true.
• In the United States, detinue is a possessory action having for its object the recovery of specific personal property and damages for its detention.
• Thus a legal fiction arose; if A wished to sue B for trespass, debt and detinue, he would have a writ issued for trespass.