| 释义 |
detinue Law.|ˈdɛtɪnjuː|
Also 5 detenewe, detunue, -now, detynu(e, 7 detinu (detiny).
[a. OF. detenue (1313, Godef.) detention, (:—Rom. type *dētenūta) f. pa. pple. of detenir to detain.]
The act of detaining or withholding what is due (see detain v. 2); spec. unlawful detention of a personal chattel belonging to another. Obs. exc. as in b.
1563–87in Foxe A. & M. (1596) 348/1 Philip de Valous..we haue gently requested you..to that intent you should haue rendered unto us our lawfull right and inheritance to the Crowne of Fraunce, which from us..you haue by great wrong and force deteined..we well perceiue you meane to perseuere in the same your purpose and iniurious detinue. 1598Kitchin Courts Leet (1675) 148 Detinue of Goods may be sued. 16..T. Adams Wks. (1861–2) I. 145 (D.) There are that will restore some, but not all..let the creditors be content with one of four. But this little detiny is great iniquity. 1643Prynne Sov. Power Parl. iii. 46 [citing Act 11 Rich. II c. i] Taking, leading away, or detinue of any horses or of any other beasts. 1727–51Chambers Cycl. s.v., The damages sustained by the detinue.
b. action of detinue: an action at law to recover a personal chattel (or its value) wrongfully detained by the defendant. So writ of detinue.
1467in Eng. Gilds (1870) 376 Acciouns of dette, trespass an detenewe. 1514Fitzherb. Just. Peas (1538) 123 Every man maye sue for the same by accion of detinue. 1602W. Fulbecke 2nd Pt. Parall. 20 One of the parties may haue an action of dette for the money, and the other a writte of Detinue for the wares. 1677Wycherley Plain Dealer iii. (Routl.) 123/2 I'll bring my action of detinue or trover. 1768Blackstone Comm. III. 151 If I lend a man a horse, and he afterwards refuses to restore it..the regular method for me to recover possession is by action of detinue. 1845Ld. Campbell Chancellors (1857) VI. cxxviii. 143 The remedy was at law by an action of trover or detinue.
c. Also detinue = action or writ of detinue.
a1626Bacon Max. & Uses Com. Law iii. (1636) 20 In a detinue brought by a feme against the executors of her husband. 1803J. Marshall Const. Opin. i. (1839) 21 The judgment in detinue is for the thing itself or its value. 1875Poste Gaius iv. Comm. (ed. 2) 650 Trover and Detinue, which were brought to recover movable property..were kinds of Trespass, that is of action on delict. |