1. C.J.S. Detinue § 1.]
“A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession of them, and who, upon proper demand, fails or refuses to deliver them up without lawful excuse. Detinue at the present day has two main uses. In the first place, the plaintiff may desire the specific restitution of his chattels and not damages for their conversion. He will then sue in detinue, not in trover. In the second place, the plaintiff will have to sue in detinue if the defendant sets up no claim of ownership and has not been guilty of trespass; for the original acquisition in detinue sur bailment was lawful.” R.F.V. Heuston, Salmond on the Law of Torts 111 (17th ed. 1977).
detinue of goods in frankmarriage. Hist. A writ allowing a divorced wife to obtain the goods given to her during the marriage.
detinue sur bailment (det-i-nyoo s[schwa]r bayl-m[schwa]nt). [Law French] Hist. An action to recover property that the defendant acquired by bailment but refuses to return.
