DET'INUE (OF. victim. from Lat. detincre, from ib. back, Nai re. to hold). A personal common-law action for the recovery of specific goods and chattels, wrongfully detained from the claimant, together with damages for their detention and if the action. The ehattels must he such as can be distinguished front other-: the action would not. lie where property. it- wheat. wo-, lawfully mixed Nvitli other ‘‘ heat so that it could not lie separated. The a•tion is not based on contract. express or but i. for the redress of a wrong. The value of the chattel is always alleged iu the ilee lration, and if tic ehattels have been destroyed. 4)r cannot be returned for any reason, the plain tiff may recover their value. It is immaterial whether the defendant came into possession of the chattels lawfully 4 or wrongfully. It is suf fieient it he has no present right to retain them It-; again-1 the claimant. Thus, if the defendant held good- a gratuitous bailee, his possession would be 1 tw fill until a denutiel was made by the proper patty for their return; but in ease of refit-sal to It so, the elaimant might maintain del inne, as the detention would then he unlawful.
Demand before suit is not necessary if the origi nal taking was 44 the 4111:1 t a illio t obtained until final judgment. and in this respect it is not so desirable as 1.1.v.I. where the plaintiff gets immediate The plaintiff hare a general or special tie interest i !I the chattel.; and a tight to immediate in order to maintain the action. .\ judgment for the plain tiff was fort, ^rlv enforced by a special form of e\evution. ailed a writ of disti•jagas form of action Ills been abolished in Eng. land. Init is retained in several .4 the Viiited slate- Ci)mmirc it.