Law Term


Definition of DETAINER:

The act (or the juridical fact) of withholding from a 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” althoughthe original taking may have been lawful. As, if one distrains another’s cattle, damagefeasant, and before they are impounded the owner tenders sufficient amends; now,though the original taking was lawful, the subsequent detention of them after tender ofamends is not lawful, and the owner has an action of replevin to recover .them, inwhich he will recover damages for the detention, and not for the caption, because theoriginal taking was lawful. 3 Steph. Comm. 548.In practice. A writ or instrument, issued or made by a competent officer, authorizingthe keeper of a prison to keep in his custody a person therein named. A detainer maybe 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 “Process,” E, (3 B.) This writ was superseded by 1 & 2 Vict.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,