A Treatise on Practice in the Courts of Pennsylvania

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...often met With in the English reports previous to the abolition of wager Of. law by Statute 3 and 4 William IV., ch. 42, section 13, (1833). 714. When p1-eferable.--In the Southern States detinue was frequently employed for the recovery of slaves. With us its best use would be in those cases where the chattel in question has $0me peculiar value to its owner apart from its worth t0 hers, as deeds or title papers, or articles endeared by assoiat'i11; and where replevin or bill in equity may not be desired, 715. Classification.--Aut-liorities conflict as to whether this action is one of contract or in tort. It has been held on the one hand that it may be joined with debt and that it will lie where defendant/s possession is entirely contractual; on the other, that the gist of the action is the wrongful detainer, even though such detainer be a violation of contract. 1 Chitty's Pleadings, 12 Am. ed., 121. It is, however, most frequently, and perhaps most properly, classed with actions ea: cont-ractu. 716. When it lies.----Detinue may be brought only for the recovery of chattels, not for real property. The goods must be distinguishable from others; thus, it will lie for money in a bag or for a particular bank note, but not for a sum of money generally. It will lie for a horse or cow, or for definitely as-r certained head of cattle, but not for so many cattle not specially described; for wheat or grain in a certain place, but not for a. number of bushels unidentified. Vhere a contract to de-_ liver a special article is violated by the wrongful refusal so to do, detinue may be brought, but 'not unless the contract distinguish the article from all others. As in replevin and trover, a special property in the...