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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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DETAINMENT
This term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detainments." The last two words are construed as equivalents, each meaning the effect of superior force operating directly on the vessel. Schmidt v. Insurance Co., 1 Johns. (N. Y.) 262, 3 Am. Dec. More...

This term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detainments." The last two words are construed as equivalents, each meaning the effect of superior force operating directly on the vessel. Schmidt v. Insurance Co., 1 Johns. (N. Y.) 262, 3 Am. Dec. 319; Bradlie v. Insurance Co., 12 Pet. 402, 9 L. Ed. 1123; Simpson v. Insurance Co., Dud. Law (S. C.) 242. Less...
DETENTIO
In the civil law. That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. It forms the substance of possession in all Its varieties. Mackeld. Rom. Law, f 238.

In the civil law. That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. It forms the substance of possession in all Its varieties. Mackeld. Rom. Law, f 238. Less...
DETENTION
The act of keeping back or withholding,' either accidentally or by design, a person or thing. See DETAINER. -Detention in a reformatory, as a punishment or measure of prevention, is where a juvenile offender is sentenced to be sent to a reformatory school, to be there detained for a certain More...

The act of keeping back or withholding,' either accidentally or by design, a person or thing. See DETAINER. -Detention in a reformatory, as a punishment or measure of prevention, is where a juvenile offender is sentenced to be sent to a reformatory school, to be there detained for a certain period of time. 1 Russ. Crimes, 82. Less...
DETERMINABLE
That which may cease or determine upon the happening of a certain contingency. 2 Bl. Comm. 121. As to determinable "Fee" and "Freehold," see those titles.

That which may cease or determine upon the happening of a certain contingency. 2 Bl. Comm. 121. As to determinable "Fee" and "Freehold," see those titles. Less...
DETERMINATE
That which is ascertained ; what is particularly designated.

That which is ascertained ; what is particularly designated. Less...
DETERMINATION
The decision of a court of justice. Shirley v. Birch, 16 Or. 1, 18 Pac. 344; Henavie v. Railroad Co., 154 N. Y. 278, 48 N. E. 525. The ending or expiration of an estate or interest in property, or of a right, power, or authority.

The decision of a court of justice. Shirley v. Birch, 16 Or. 1, 18 Pac. 344; Henavie v. Railroad Co., 154 N. Y. 278, 48 N. E. 525. The ending or expiration of an estate or interest in property, or of a right, power, or authority. Less...
DETERMINE
To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380.

To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380. Less...
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.

Lat. In the civil law. A summoning made, or notice given, in the presence of witnesses, (denuntiatio facta cum testatione.) Dig. 50, 16, 40. Less...
DETINET
Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159. In pleading;. An action of debt is said to be in the detinet when it is alleged merely More...

Lat. He detains. In old English law. A species of action of debt, which lay for the specific recovery of goods, under a contract to deliver them. 1 Reeves, Eng. Law, 159. In pleading;. An action of debt is said to be in the detinet when it is alleged merely that the defendant witholds or unjustly detains from the plaintiff tbe thing or amount demanded. 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. Less...
DETINUE
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. 152. Sinnott v. Fel-ock, 165 N. Y. 444, 59 N. E. 265. More...

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. 152. Sinnott v. Fel-ock, 165 N. Y. 444, 59 N. E. 265. 53 L. R. A. 565, 80 Am. St. Rep. 736; Penny v. Davis, 8 B. Mon. (Ky.) 314; Guille v. Fook, 13 Or. 577, 11 Pac. 277. The action of detinue is defined in the old books as a remedy founded upon the delivery of goods by the owner to another to keep, who afterwards refuses to redeliver them to the bailor; and it is said that, to authorize the maintenance of the action, it is necessary that the defendant should have come lawfully into the possession of the chattel, either by delivery to him or by finding it In fact, it was once understood to be- the law that detinue does not lie where the property had been tortiously taken. But it is, upon principle, very unimportant in what manner the defendant's possession commenced, since the gist of the action is the wrongful detainer, and not the original taking. It is only incumbent upon the plaintiff to prove property in himself, and possession in the defendant At present, the action of detinue is proper in every case where the owner prefers recovering the specific property to damages for its conversion, and no regard is had to the manner in which the defendant acquired the possession. Peirce v. Hill, 9 Port. (Ala.) 151, 33 Am. Dec 308. Less...

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