Legal Term Dictionary

Neglect, failure, or refusal to deliver goods, on the part of a carrier, vendor, bailee, etc.

Neglect, failure, or refusal to deliver goods, on the part of a carrier, vendor, bailee, etc. Less...

L. Lat He did not demise. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise.

L. Lat He did not demise. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise. Less...

Lat Not injured. This is a plea in an action of debt on an indemnity bond, or bond conditioned "to keep the plaintiff harmless and indemnified," etc. It is in the nature of a plea of performance, being used where the defendant means to allege that tbe plaintiff has been More...

Lat Not injured. This is a plea in an action of debt on an indemnity bond, or bond conditioned "to keep the plaintiff harmless and indemnified," etc. It is in the nature of a plea of performance, being used where the defendant means to allege that tbe plaintiff has been kept harmless and indemnified, according to the tenor of the condition. Steph. PI. (7th Ed.) 300, 301. State Bank v. Chet-wood, 8 N. J. Law, 25. Non dat qui non babet. He who nas not does not give. Lofft, 258; Broom, Max. 467. Non debeo melioris eonditionis esse, qnam auetor mens a quo jus in me transit. I ought not to be In better condition than he to whose rights I succeed. Dig. 50, 17, 175, L Non. debet actori lieere qnod reo non permittitur. A plaintiff ought not to be allowed what is not permitted to a defendant A rule of the civil law. Dig. 50,17, 4L Non debet addnei ezoeptio ejns rei en-Jns petitnr dissolntio. A plea of the same matter the dissolution of which is sought [by the action] ought not to be brought forward. Broom, Max. 16& Non debet alii nocere, qnod inter alios aotnm est. A person ought not to be prejudiced by what has been done between others. Dig. 12, 2, 10. Non debet alter! per alteram iniqnn conditio inferri. A burdensome condition ought not to be brought upou one man by the act of another. Dig. 50, 17, 74. Non debet oni pins licet, qnod minus est non lioere. He to whom the greater is lawful ought not to be debarred from the less as unlawful. Dig. 50, 17, 21; Broom, Max. 170. Non debet did tendere in pro judicium ecclesiastics liberatatis qnod pro rege et repnblioa necessarian! videtur, 2 Inst 025. That which seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty. Non deoet homines dedere causa non eognita. It is unbecoming to surrender men when no cause is shown. In re Washburn, 4 Johns. Ch. (N. Y.) 106, 114, 8 Am. Dec. 548; Id., 3 Wheeler, Cr. Cas. (N. Y.) 473, 482. Less...

Lat He does not detain. The name of the general issue in the action of detinue. 1 Tidd, Pr. 645; Berlin Mach. Works v. Alabama City Furniture Co., 112 Ala. 488, 20 South. 418. The general issue in the action of replevin, where the action is for the wrongful detention More...

Lat He does not detain. The name of the general issue in the action of detinue. 1 Tidd, Pr. 645; Berlin Mach. Works v. Alabama City Furniture Co., 112 Ala. 488, 20 South. 418. The general issue in the action of replevin, where the action is for the wrongful detention only. 2 Burrill, Pr. 14. Non dlfferunt quae concordant re, tametsi non in verbis iisdem. . Those things do not differ which agree in substance, though not in the same words. Jenk. Cent p. 70, case 32. Less...

Omission on the part of a judge to properly instruct the jury upon a necessary conclusion of law.

Omission on the part of a judge to properly instruct the jury upon a necessary conclusion of law. Less...

Lat. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant It denies that the deed mentioned in the declaration is the defendant's deed. Under this, the defendant may contend at the trial that the deed, was never executed in point More...

Lat. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant It denies that the deed mentioned in the declaration is the defendant's deed. Under this, the defendant may contend at the trial that the deed, was never executed in point of fact; but he cannot deny its validity In point of law. Wharton; Haggart v. Morgan, 5 N. Y. 422, 55 Am. Dec. 350; Evans v. Southern Turnpike Co., 18 Ind. 10L The plea of non est factum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the execution of the instrument Is alleged to be the act of the party filing the plea, or adopted by him. Code Ga. 1882, ) 8472. -Special non est factum. A form of the plea of non est factum, in debt on a specialty, by which the. defendant alleges that, although he executed the deed, yet it is in law "not his deed," because of certain special circumstances which he proceeds to set out; as, where he delivered the deed as an escrow, and it was turned over to the plaintiff prematurely or without performance of the condition. Less...

A writ not to distrain. Non dubitatur, etsi specialiter venditor eviotionem non promiserit, re cvic-ta, ex empto oompetere actionem. It is certain that, although the vendor has not given a special guaranty, an action ea empto lies against him, if the purchaser is evicted. Code, 8, 45, 6; Broom, Max. More...

A writ not to distrain. Non dubitatur, etsi specialiter venditor eviotionem non promiserit, re cvic-ta, ex empto oompetere actionem. It is certain that, although the vendor has not given a special guaranty, an action ea empto lies against him, if the purchaser is evicted. Code, 8, 45, 6; Broom, Max. 768. Non effieit affectus nisi sequatur el" feotns. The intention amounts to nothing unless the effect follow. 1 Rolle, 226. Non erit alia lea Romss, alia Athsenis; alia nunc, alia postbao; sed et omnes gentes, et omni tempore, una lea, et sempiterna, et immortal!* continebit. There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time. Clc. Frag, de Repub. lib. 3; 3 Kent, Comm. L Non est arctius vinculum inter bom* ines qnam jusjurandum. There is no closer [or firmer] bond between men than an oath. Jenk. Cent. p. 126, case 54. Non est oertandum de regulis juris. There is no disputing about rules of law. Non est consonum ration!, quod cog-nitio acoessorii in curia cbristianitatis impediatur, ubi oognitio causes principalis ad forum eecleaiastioum nosoitur pertinere. 12 Coke, 65. It is unreasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court, when the cognizance of the principal cause is admitted to appertain to an ecclesiastical court Non est disputandum contra principle negantem. Co. Litt. 343. We cannot dispute against a man who denies first principles. Less...

Lat He Is not found.- The sheriff's return to process requiring him to arrest the body of the defendant, when the latter is not found within his jurisdiction. It is often abbreviated "n. e. i," or written, in English, "not found." The Bremena v. Card (D. C.) 38 Fed. 144. More...

Lat He Is not found.- The sheriff's return to process requiring him to arrest the body of the defendant, when the latter is not found within his jurisdiction. It is often abbreviated "n. e. i," or written, in English, "not found." The Bremena v. Card (D. C.) 38 Fed. 144. Non est jns turn allquem antcnatum post mortem facere bastardum qui toto temporo vita suss pro legitimo babe-batur. It Is not just to make an elder-born a bastard after his death, who during his lifetime was accounted legitimate. 12 Coke, 44. Nom est novum ut priores leges ad pesteriores trabantur. It Is no new thing that prior statutes should give place to later ones. Dig. 1* 8, 36; Broom, Max. 28. Non est regula quin f allet. There is no rule but what may fail. Off. Exec. 212. Non est singulis concedendum, quod per magistratum publioe possit neri, ne oecasio sit major!* tumultns faoiendl. That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumults. Dig. 50, 17, 176. . Non en opinionibus singulomm, sed en eommnni usi, nomina ezaudiri debent. The names of things ought to be understood, not according to the opinions of individuals, but according to common usage. Dig. 33, 10, 7, 2. Non facias malum, ut inde flat bonum. You are not to do evil, that good may be or result therefrom. 11 Coke, 74a; 5 Coke, 30b. Less...

Lat. He did not make it A plea in an action of assumpsit on a promissory note. 3 Man. A G. 446.

Lat. He did not make it A plea in an action of assumpsit on a promissory note. 3 Man. A G. 446. Less...

He did not commit waste against the prohibition. A plea to an action founded on a writ of estrepement for waste. 3 Bl. Comm. 226, 227.

He did not commit waste against the prohibition. A plea to an action founded on a writ of estrepement for waste. 3 Bl. Comm. 226, 227. Less...