Also known as: detachiari · distrain · attach
Written by attorneys · grounded in primary & secondary sources — see below
A historical legal process authorizing seizure of a person or property through a writ of attachment or comparable remedy.
Select any source to read its text and confirm it supports the definition.
Dawson Steel sold equipment to Dixon Foods after representing that the machinery met industry safety standards. When Dixon Foods later discovered the statements were false and the equipment defective, it obtained a writ authorizing detachiare of Dawson Steel's remaining inventory to secure potential damages. The seizure prevented Dawson Steel from dissipating assets before judgment.
After Dynamic Solutions obtained a money judgment against Dominion Capital for unpaid construction costs, the court issued process for detachiare of Dominion Capital's undeveloped parcels. The seizure attached immediately upon docketing and gave Dynamic Solutions priority over later-recorded interests.
During hostilities, naval officers boarded a neutral vessel suspected of carrying enemy cargo and effected detachiare of the ship and its goods under a writ issued by the district court. The seizure preserved the property for adjudication of ownership and condemnation proceedings.
When a co-venturer refused to account for profits from a joint real-estate project, the aggrieved partner obtained an order for detachiare of the defaulting partner's interest in the venture assets. The seizure secured the claim while the accounting proceeded.
After a landlord refused consent for permanent cable equipment on the building roof, the tenant company obtained judicial authorization for detachiare of the installed fixtures pending resolution of the physical-invasion claim. The seizure preserved the status quo for the compensation hearing.
Shareholders alleging material omissions in a merger proxy statement secured an order for detachiare of the acquiring corporation's shares held by the target company's officers. The seizure prevented further transfers while materiality of the disclosures was litigated.
It authorizes seizure of a person or property by writ of attachment or similar legal process.
Supporting sources
Modern jurisdictions employ attachment statutes and rules that perform the same function of seizing assets to secure judgments or claims.
Supporting sources
Detachiare historically required a writ issued by a court, whereas a levy may occur after judgment without additional judicial process in some contexts.
Supporting sources
…to different schools of philosophy use different terms to explain why society should formalize marriage and attach special benefits and obligations to persons who marry. Here, the States defending their adherence to the traditional understanding of marriage have explained their position using the…