95 Ga. 670 | Ga. | 1895
This was a suit for the recovery of personal property under the form of action prescribed by section 3390 of the code. The action provided for by this section of the code combines some of the characteristics of both the old common law actions of trover and detinue, and may be made the basis for the recovery, either of damages • as for a conversion, or for the recovery of a particular chattel alleged to be detained. At common law the action of trover was not designed for the recovery of the specific chattel, but was designed as an action for the recovery of damages for the thing alleged to have been converted. The action of detinue was an action for the recovery of the specific article detained, and damages could be therein awarded as well for the detention as for the article which was thus detained. But the latter action proceeding wholly upon the idea that the person against whom the suit was brought was lawfully in the possession of the goods, much inconvenience arose, and the action of trover became substituted to a very great