detainer


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Related to detainer: Unlawful detainer

Detainer

The act (or the juridical fact) of withholding from a lawfully entitled person the possession of land or goods, or the restraint of a person's personal liberty against his or her will; detention. The wrongful keeping of a person's goods is called an Unlawful Detainer although the original taking may have been lawful.

A request filed by a criminal justice agency with the institution in which a prisoner is incarcerated asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.

detainer

noun detainment, illegal custody, illegal detention, illegal restraint, illegal withholding, unlawful deeention, unlawful restriction, unlawful retention, wrongful impoundment, wrongful keeping

detainer

the wrongful withholding of the property of another person; the detention of a person in custody or a writ authorizing the further detention of a person already in custody.

DETAINER. 1. The act of keeping a person against his will, or of keeping goods or property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus.
     2.-2. A detainer or detention of goods is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. The detention may be unlawful, although the original taking was lawful; as when goods were distrained for rent, and the rent was afterwards paid; or when they 'Were pledged, and the money borrowed, and interest were afterwards paid; in these, and the like cases, the owner should make a demand, (q.v.) and if the possessor refuse to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff.
     3.-3. There may also be a detainer of land and this is either lawful and peaceable, or unlawful and forcible. 1. The detainer is lawful where the entry has been lawful, and the estate is held by virtue of some right. 2. It is unlawful and forcible, where the entry has been unlawful, and with force, and it is retained, by force, against right; or even when the entry has been peaceable and lawful, if the detainer be by force, and against right; as, if a tenant at will should detain with force, after the will has determined, he will be guilty of a forcible detainer. Hawk. P. C. ch. 64, s. 22; 2 Chit. Pr. 288; Com. Dig, B. 2; 8 Cowen, 216; 1 Hall, 240; 4 John. 198; 4 Bibb, 501. A forcible detainer is a distinct offence from a forcible entry. 8 Cowen, 216. See Forcible entry and detainer.
     4.-4. 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.

References in periodicals archive ?
Despite his past criminal history and a detainer request from immigration officials, he was released from custody the following day.
District Judge Orlando Garcia halted several parts of the law, including the provision that requires jail officials to honor all detainers.
In unlawful detainer, possession was originally lawful but became unlawful by the expiration or termination of the right to possess and the issue of rightful possession is the one decisive, for in such action, the defendant is the party in actual possession and the plaintiff's cause of action is the termination of the defendant's right to continue in possession.
In its motion for reconsideration, the Marcos estate insisted that the case it initiated before the lower court was not merely an unlawful detainer action as it was in fact a claim of possession based on an assertion of ownership.
Some commentators and advocates for immigrants' rights have asserted that, because the INA addresses only detainers for controlled substance offenses, ICE's detainer regulations and practices are beyond its statutory authority and, thus, unlawful.
Topics presented include: Pre-Litigation, Litigation, Quiet Title, UCC, Fraud, Waiver/Promissory Estoppel, Intentional Infliction of Emotional Distress, Non-Judicial Foreclosure (CA), Litigation - Ownership/Title - CA, Litigation - Possession/Unlawful Detainer - CA, Protecting Tenants At Foreclosure Act, Ethics, Fee Agreement
An Indiana court case ruled in June that the detainer requests made by immigration enforcement officials are only a request and not criminal warrants.
For those keeping score at home, that's the count of unlawful detainer lawsuits filed by the new owner of the Block 2 development in downtown Little Rock.
Allied Tube & Conduit, a Tyco International Company, is the world's leading manufacturer of barbed tape products such as RAZOR RIBBON, INSTABARRIER, and DETAINER HOOK BARB.
I feel he will spend the rest of his life in prison,'' said Deputy District Attorney Cheryl Kersey following Friday's court proceedings, adding that a detainer will be placed on Zamastil in California so that if he were ever to be paroled in Wisconsin, he would automatically be extradited to California and incarcerated.
The ABLOY EXEC High Security cylinder for use in ABLOY padlocks and other products uses rotating detainer discs to provide an extensive number of key combinations, including master keying capabilities.
Data released today by the Fair Rent Coalition (FRC), a non-profit coalition of East Palo Alto tenants and concerned community members, show sharp increases in unlawful detainer filings and completed evictions in Page Mill Properties' Woodland Park apartment portfolio.