英文字典中文字典


英文字典中文字典51ZiDian.com



中文字典辞典   英文字典 a   b   c   d   e   f   g   h   i   j   k   l   m   n   o   p   q   r   s   t   u   v   w   x   y   z       







请输入英文单字,中文词皆可:

detinue    
n. 非法占有

非法占有

Detinue \Det"i*nue\ (?; 277), n. [OF. detinu, detenu, p. p. of
detenir to detain. See {Detain}.]
A person or thing detained; (Law) A form of action for the
recovery of a personal chattel wrongfully detained.
[1913 Webster]

{Writ of detinue} (Law), one that lies against him who
wrongfully detains goods or chattels delivered to him, or
in possession, to recover the thing itself, or its value
and damages, from the detainer. It is now in a great
measure superseded by other remedies.
[1913 Webster]

DETINUE, remedies. The name of an action for the recovery of a personal
chattel in specie. 3 Bl. Com. 152; 3 Bouv. Inst. n. 3472; 1 J. J. Marsh.
500.
2. This action may be considered, 1. With reference to the nature of
the thing to be 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, as a particular horse, a cow, &c., but
not for a bushel of grain. Com. Dig. Detinue, B, C; 2 Bl. Com. 152; Co.
Litt. 286 b; Bro. Det. 51. Detinue cannot be 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
immediate possession, although he never had actual possession; a reversioner
cannot, therefore, maintain it. A bailee, who has only a special property,
may nevertheless support it when he delivered the goods to the defendant, or
they were taken out of the bailee's custody. 2 Saund. 47, b, c, d Bro. Ab.
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 detainer, and not the
original taking. The possession must have been acquired by the defendant by
lawful means, as by delivery, bailment, or. finding, and not tortiously.
Bro. Abr. ])et. 53, 36, 21 1 Misso. R. 749. But a demand is not requisite,
except for the purpose of entitling the plaintiff to damages for the
detention between the time of the demand and that of the commencement of the
action. 1 Bibb, 186; 4 Bibb, 340; 1 Misso. 9; 3 Litt. 46.
6.-4. The plaintiff may declare upon a bailment or a trover; but the
practice, by the ancient common law, was to allege, simply, that the goods
came to the hands, &c., of the defendant without more. Bro. Abr. Det. 10,
per Littleton; 33 H. VI. 27. The trover, or finding, when alleged, was not
traversable, except when the defendant alleged delivery over of a chattel
actually found to a third person, before action brought, in excuse of the
detinue. Bro. Abr. Det. 1, 2. Nor is the bailment traversable, but the
defendant must answer to the detinue. Bro. Abr. Det. 50-1. In describing the
things demanded, much certainty is requisite, owing to the nature of the
execution. A declaration 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. 206. The
general issue is non detinet, and under it special matter may be given in
evidence. Co. Litt. 283.
7.-5. In this action the defendant frequently prayed garnishment of a
third person, whom he alleged owned or had an interest in the thing
demanded; but this he could not do without confessing the possession of the
thing demanded, and made privity of bailment. Bro. Abr. Garnishment, 1;
Interpleader, 3. If the prayer of garnishment was allowed, a sci. fac.
issued against the person named as garnishee. If he made default, the
plaintiff recovered against, the defendant the chattel demanded, but no
damages. If the garnishee appeared and the plaintiff made default, the
garnishee recovered. If both appeared, and the plaintiff recovered; he had
judgment against the defendant for the chattel demanded, and a distringas in
execution and against the garnishee a judgment for damages, and a fi. fa. in
execution. The verdict and 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 either of them, cannot be returned.
Walker, R. 538 7 Ala. R. 189; 4 Yerg. R. 570 4 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 recover the goods or the
value thereof, if he cannot have the goods themselves, and his damages. Bro.
Abr. Det. 48, 26, 3, 25; 4 Dana, R. 58; 2 Humph. 59; 3 B. Mont. 313, for the
detention and full costs. Vide, generally, 1 Chit. Pl. 117; 3 Bl. Com. 152;
2 Reeve's Hist. C. L. 261, 333, 336; 3 Id. 66, 74; Bull. N. P. 50. This
action has yielded to the more practical and less technical action of
trover. 3 Bl. Com. 152.


请选择你想看的字典辞典:
单词字典翻译
DETINUE查看 DETINUE 在百度字典中的解释百度英翻中〔查看〕
DETINUE查看 DETINUE 在Google字典中的解释Google英翻中〔查看〕
DETINUE查看 DETINUE 在Yahoo字典中的解释Yahoo英翻中〔查看〕





安装中文字典英文字典查询工具!


中文字典英文字典工具:
选择颜色:
输入中英文单字

































































英文字典中文字典相关资料:


  • Contact Us - Microsoft Support
    Contact Microsoft Support Find solutions to common problems, or get help from a support agent
  • Account help - support. microsoft. com
    Get help for the account you use with Microsoft Find how to set up Microsoft account, protect it, and use it to manage your services and subscriptions
  • Sign in to Microsoft 365
    With Microsoft 365, you can install Microsoft 365 or Office on all your devices and sign in to Office on five devices at the same time This includes any combination of PCs, Macs, tablets, and phones
  • March 10, 2026—KB5079473 (OS Builds 26200. 8037 and 26100. 8037 . . .
    This cumulative update for Windows 11, version 25H2 and 24H2 (KB5079473), includes the latest security fixes and improvements, along with non-security updates from last month’s optional preview release To learn more about differences between security updates, optional non-security preview updates, out-of-band (OOB) updates, and continuous innovation, see Windows monthly updates explained
  • All Products - support. microsoft. com
    Find out how to get support for Microsoft apps and services
  • Microsoft Edge help learning
    Get help and support for Microsoft Edge Find Microsoft Edge support content, how-to articles, tutorials, and more
  • Introducing multi-model intelligence in Researcher | Microsoft . . .
    Today, Researcher—Microsoft 365 Copilot's deep research agent for work—takes a significant step forward Designed to tackle complex research in the flow of work, Researcher now goes further with two new multi-model capabilities that raise the bar for accuracy, depth, and confidence: Critique and Council Critique is a new multi model deep research system designed for complex research tasks
  • What is a Microsoft account? - Microsoft Support
    Your Microsoft account dashboard is where you can manage your personal information and security settings, keep tabs on your subscriptions and order history, and manage your payment and billing options You can also organize your family’s digital life, track the health and safety of your devices, and browse or redeem rewards
  • Windows help and learning - support. microsoft. com
    Find help and how-to articles for Windows operating systems Get support for Windows and learn about installation, updates, privacy, security and more
  • What’s New in Microsoft 365 Copilot | February 2026 | Microsoft . . .
    Welcome to the February 2026 edition of What's New in Microsoft 365 Copilot! Every month, we highlight new features and enhancements to keep Microsoft 365 admins up to date with Copilot features that help your users be more productive and efficient in the apps they use every day





中文字典-英文字典  2005-2009