Detinet

Ho detains. Vid c De-
bcl el Detinet , nnd JJctinuit.

DETINUE, remedies , is the name
of an action for the recovery of a per-
sonal chattel in specie. 3 Bl. Com.
152 ; 1 .1. J. Marsh. 500.

2. — This action may be considered,
1, with reference to the nature of the
thing to bo recovered ; 2, the plaintiff's
interest therein ; 3, the injury ; 4, the
pleadings ; 5 the judgment.

3. — 1. The goods which it is sought
to recover, must be capable of being
distinguished from all others, ns a par-
ticular horse, a cow, &c., but not fora
bushel of grain. Com. Dig. Detinue,
B, C ; 2 Bl. Com. 152 ; Co. Litt. 286
b. Detinue cannot Ik; maintained
where the property sued for had ceased
to exist when the suit was commenced.

2 Dana, 332. See 5 Stew. & Port.
123; 1 Ala. R. 203.

4. — 2. To support this action, the
plaintiff must have a right to immedi-
ate possession, although he never had
actual possession, a reversioner cannot,
therefore, maintain it. And a bailee,
who has only a special property may
nevertheless support it when he deliver-
ed the goods to the defendant, or they
were taken out of the bailee’s custody.

2 Suund. 47, b, c, d; Bro. Ah. h. t. ;

9 Leigh, R. 158 ; 1 How. (Miss.) R.
315; 5 How. (Miss.) R. 742; 4 B.
Munr. 365.

5. — 3. The gist of the action is the
wrongful detuiner, nnd not the original
taking. The possession must have
been acquired by the defendant by law-
ful means, as by delivery, bailment, or
finding, and not tortiously. 1 Misso.
U. 749. But a demand is not requisite,
except for the purpose of entitling the
plaintiff to damages for the detention
lietwoen the time of the demand and
that of the commencement of the; action.

1 Bibb, 186; 4 Bibb, 340; 1 Misso.
9 ; 3 Litt. 40.

6. — 4. In the pleadings in this ac-
tion much certainty is requisite in the
description of the chattels. A declara-
tion for “ a red cow with a white face,”
is not supported by proof that the cow
was a yellow or sorrel cow. 1 Scam.
R. 200. The general issue is non fie -
finely and under it special matter may
be given in evidence. Co. Litt. 283.

7. — 5. The verdict nnd judgment
must be such, that a special remedy
may be had for the recovery of the
goods detained, or a satisfaction in
value for each parcel, in case they, or
cither of them, cannot be returned.
Walker, R. 538; 7 Ala. R. 189; 4
Ycrg. R. 570 ; 3 Monr. 59 ; 7 Ala.
R. 807 ; 5 Miss. R. 489 ; 6 Monr. 52;
4 Dana, 58; 3 B. Munr. 313; 2
Humph. 59. The judgment is in the
alternative, that the plaintiff rwover
the goods or the value thereof, if he
cannot have the goods themselves, nnd
his damages, 4 Dana, R. 68 ; 2
Humph. 59 ; 3 B. Monr. 313, for the

I detention and full costs. Vide, gene-
rally, 1 Chit. PI. 1 17 ; 3 Bl. Com. 152 ;

2 Reeve’s Hist. C. L. 261, 333, 330 ;

3 Ih. 60, 74 ; Bull. N. P. 50. This
action has yielded to the more practi-
cal and less technical action of trover.
3 Bl. Com. 152.

DETINUIT, 'praelicCy he detained.

2. — Whore an action of replevin is
instituted for goods which the defend-
ant had taken hut which he afterwards
restored, it is said to bo brought in the
f/elinuit ; in such case the judgment is
that the plaintiff recover the damages
assessed by the jury for the taking and
unjust detention or for the latter only

DEV

DEV

455

where the former was justifiable, and
his costs.

3. — When the replevin is in the de-
tincty that he retains the goods, the jury
must find in addition to the above, the
vuluc of the chattels, (assuming they
arc still detained,) not in n gross sum,
but each separate article must be sepa-
rately valued, for perhaps the defend-
ant may restore some of them, in which
case the plaintiff is to recover the value
of the remainder. Vide Dcbct ct Dc-
tinct.