For a time during the fifteenth century, the common law courts seemed to draw a real distinction between the counts detinue sur trover and detinue sur bailment.
22.
For a time during the fifteenth century, the common law courts seemed to draw a real distinction between the counts detinue sur trover and detinue sur bailment.
23.
At common law an action of detinue would lie for the recovery of specific personal property unlawfully detained, or its value, and for damages for its detention.
24.
In "'detinue sur trover, "'the defendant can be any individual in possession of the chattel who refuses to return it to the claimant.
25.
In 1585, Edward Coke was reluctant to allow the principle of conversion to be extended so as to enable detinue to be largely superseded by trover on the case.
26.
The bailee had three courses of action : ( 1 ) the appeal of larceny; ( 2 ) the action of trespass; ( 3 ) the action of detinue.
27.
By the time of Bracton, the old preference for an action in trespass exclusively was seen to have softened somewhat, with certain actions allowed against a third party in detinue.
28.
Later, and by the time of Bracton, detinue had been more or less separated from primary actions in debt, Detinue had come to be restricted to actions against bailees.
29.
Later, and by the time of Bracton, detinue had been more or less separated from primary actions in debt, Detinue had come to be restricted to actions against bailees.
30.
At common law, the ordinary action for the recovery of goods wrongfully taken was originally one of detinue, but no means of immediate recovery was possible until the action was tried.
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