KFLCC Kingdom Law 2nd Ed.

362

DESTROY

DETINUE

hope of recovery by ordinary means. U. S. r. Johns, 26 Fed. Cas. 618. In relation to wills, contracts, and other documents, the term "destroy" does not im port the annihilation of the instrument or its resolution into other forms of matter, but a destruction of its legal efficacy, which may be by cancellation, obliterating, tearing into fragments, etc. Appeal of Evans, 58 Pa. 244; Allen v. State Bank, 21 N. O. 12; In re Gangwere's Estate, 14 Pa. 417, 53 Am. Dec. 554; Johnson v. Brailsford, 2 Nott & McC. (S. C.) 272, 10 Am. Dec. 601. DESTRUCTION. A term used in old English law, generally in connection with waste, and having, according to some, the same meaning. 1 Reeve, Eng. Law, 385; 3 Bl. Comm. 223. Britton, however, makes a distinction between waste of woods and de struction of houses. Britt c. 66. DESTJBITO. To weary a person with continual barkings, and then to bite; spoken of dogs. Leg Alured. 26, cited in Cunning ham's Diet. DESUETUDE. Disuse; cessation or dis continuance of use. Applied to obsolete stat utes. James v. Comm,, 12 Serg. & R. (Pa.) 227. DETACHIARE. To seize or take into custody another's goods or person. DETAINER. The act (or the juridical fact) of withholding fromxa person lawfully entitled the possession of land, or^ goods; or the restraint of a man's personal liberty against his will. The wrongful keeping of a person's goods is called an "unlawful detainer",although the orig inal taking may have beenTawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends; now, though the original tak ing was lawful, the subsequent detention of them after tender of amends is not lawful, and the owner has an action of replevin to recover them, in which he will recover damages for the detention, and not for the caption, because the original taking was lawful. 3 Steph. Comm. 548. In practice. A writ or instrument, is sued or made by a competent officer, author izing the keeper of a prison to keep in his custody a person therein named. A detainer may be lodged against one within the walls of a prison, on what account soever he is there. Com. Dig. "Process," E, (3 B.) This writ was superseded by 1 & 2 Vict. c. 110, §§ 1,2. Forcible detainer. See that title. DETAINMENT. This term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detain ments." The last two words are construed as equivalents, each meaning the effect of superior force operating directly on the ves

sel. Schmidt v. Insurance Co., 1 Johns. (N. Y.) 262, 3 Am. Dec. 319; Bradlie v. Insur ance Co., 12 Pet. 402, 9 L. Ed. 1123; Simpson v. Insurance Co., Dud. Law (S. C.) 242. DETENTIO. In the civil law. That con dition 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, § 238. DETENTION. The act of keeping back or withholding, either accidentally or by de sign, a person or thing. See DETAINER. —Detention in a reformatory, as a punish ment or measure of prevention, is where a ju venile offender is sentenced to be sent to a re formatory school, to be there detained for a certain period of time. 1 Russ. Crimes, 82. 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. DETERMINATE. That which is ascer tained; what is particularly designated. 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 ex piration of an estate or interest in property, or of a right, power, or authority. DETERMINE. To come to an end. To bring to an end. 2 Bl. Comm. 121; 1 Washb. Real Prop. 380. 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. 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 dettnet when it is alleged merely that the defendant witholds or unjustly de tains from the plaintiff the thing or amount demanded. An action of replevin is said to be in the detinet when the defendant retains posses sion of the property until after judgment in the action. Bull. N. P. 52; Chit. PI. 145. DETINUE. In practice. A form of ac tion 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. Fei ock, 165 N. Y. 444, 59 N. E. 265, 53 L. R. A. 565, 80 Am. St. Rep. 736; Penny v. Davis,