DETAINER

Definition of DETAINER in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

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; detention.

The wrongful keeping of a person's goods is called an "unlawful detainer" although the original taking may have been lawful. As, if one distrains another's cattle, damage feasant, and before they are impounded the owner tenders sufficient amends; now, though the original taking 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, issued or made by a competent officer, authorizing 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 "Process," E, (3 B.) This writ was superseded by 1 & 2 Vict.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.

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