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DETINUIT (bouvier) | DETINUIT, practice. He detained.
2. Where an action of replevin is instituted for goods which the
defendant had taken, but which he afterwards restored, it is said to be
brought in the detinuit; in such case the judgment is, that the plaintiff
recover the damages assessed by the jury for the taking and unjust
detention, or for the latter only, where the former was justifiable, and his
costs. 4 Bouv. Inst. n. 3562. 3. When the replevin is in the detinet, that
he detains the goods, the jury must find in addition to the above, the value
of the chattels, (assuming they are still detained, not in a gross sum, but
each separate article must be separately valued, for perhaps the defendant
may restore some of them, in which case the plaintiff is to recover the
value of the remainder. Vide Debet et Detinet.
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