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1
The Theory and Development of Common-Law Actions - Page 159
The close resemblance between the form of declaring in detinue sur trover and in the action on the case sur trover has r>nesisof given rise to the opinion that the latter was derived from the l eaction. earlier form of action. In a qualified sense ...
2
Potter's Historical Introduction to English Law and Its ... - Page 407
Detinue sur trover. — During the fifteenth century this plea gave rise to a special form of the action of detinue known as detinue sur trover, which must be distinguished from the action of trespass on the case sur trover (shortly called trover), ...
Harold Potter, Albert Kenneth Roland Kiralfy, 1958
3
The Foundations of Legal Liability: Common-law actions - Page 159
The close resemblance between the form of declaring in detinue sur trover and in the action on the case sur trover has Genesis of given rise to the opinion that the latter was derived from the theact'on. earlier form of action. In a qualified sense ...
Thomas Atkins Street, 1906
4
Common-law actions - Page 159
The close resemblance between the form of declaring in detinue sur trover and in the action on the case sur trover has given rise to the opinion that the latter was derived from the earlier form of action. In a qualified sense this is true, as the ...
Thomas Atkins Street, 1906
5
The Oxford History of the Laws of England Volume VI: 1483-1558
The earliest actions of trover and conversion may have arisen from genuine cases of loss and finding.39 But the wider attraction of the trover form was no doubt that, as in detinue sur trover, it avoided the pitfalls of the devenit ad manus ...
6
Liability for Wrongful Interferences with Chattels
'detinue sur trover', which means 'detinue on a finding'. 2 Although this second type of claim was not limited to claimants who had found the chattel, the 'trover' count being nontraversable, the use of the word 'trover' emphasised the fact that a ...
7
Property and the Law of Finders - Page 15
71 Milsom, above n 51 at 114. The argument is said to follow from the impossibility of bringing detinue sur trover in these circumstances, where by reason of the defendant's loss the plaintiff could not show his lost thing in the former's hands.
8
Time Tag TGIF Jan 20 2006 - Page 29
Historically: from detinue sur trover • Changed # 4 above (in respect of detinue sur trover – “refuses to return) to: ∆ converts chattel for own use • Pleadings for detinue sur trover had 4 material avements: (Blom says not really important, but I'll ...
9
Historical Foundations of the Common Law - Page 327
The claim in detinue sur trover had no ancestry in debt, and no trace of contract. It went back to the local de readirata, and involved only the defendant detaining the plaintiff's goods. If he did not detain them he was not liable in detinue, and this ...
10
The Oxford History of the Laws of England: 1483-1558 - Page 807
The earliest actions of trover and conversion may have arisen from genuine cases of loss and finding.39 But the wider attraction of the trover form was no doubt that, as in detinue sur trover, it avoided the pitfalls of the devenit ad manus ...
John Hamilton Baker, 2003