Dame v. Dame
Supreme Court of New Hampshire
This was an action of detinue, brought to recover a house and barn alleged to be the property of the plaintiff and situated on the land of the defendant, in Farmington, in said county, all of which is fully set forth in the plaintiff’s declaration, which, is as follows : “ In a plea of detinue for that whereas the plaintiff heretofore, to wit, on the first day of July, 1856, at Farmington aforesaid, was lawfully possessed of a certain house and a certain barn, both situated…
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This was an action of detinue, brought to recover a house and barn alleged to be the property of the plaintiff and situated on the land of the defendant, in Farmington, in said county, all of which is fully set forth in the plaintiff’s declaration, which, is as follows : “ In a plea of detinue for that whereas the plaintiff heretofore, to wit, on the first day of July, 1856, at Farmington aforesaid, was lawfully possessed of a certain house and a certain barn, both situated on the land of the said Daniel Dame, being the house built by the plaintiff in the year 1842, said house being about…
1Opinion of the CourtSargent, J.
The only question here raised is whether in this State an action of detinue can be maintained. It is claimed by the defendant that this form of action was never introduced into this *38State, or if it ever has been used or authorized here, that it has from recent entire disuse become obsolete so that it can not now be maintained.
This action was early held to be an appropriate remedy in a certain class of cases. It would seem that the original distinction between replevin and detinue was very similar to that between trespass and trover. Trespass de bonis asportatis was brought, not to recover the…
2Cases cited9 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Pangburn v. PatridgeNew York Supreme Court · 1810
- Gardner v. CampbellNew York Supreme Court · 1818
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Peirce v. FinertySupreme Court of New Hampshire · 1911