pleading. The general issue in replevin. Its form is, And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, and says, that he did not take the said cattle, (or ' goods and chattels,' according. to the subject of the action,) in the said declaration mentioned or any of them, in manner and form as the said A B hath above complained. And of this the … [Read more...]
NON DIMISIT
L. Latin: 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. … [Read more...]
NON CLAIM
An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year and a day. … [Read more...]
NON DISTRINGENDO
A writ not to distrain. Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evic ta, ex empto competere actionem. It is certain that, although the- vendor has not given a special guaranty, an action ex empto lies against him, if the purchaser is evicted. Code, 8, 45, 6; Broom, Max. 768. Non efficit affectus nisi sequatur ef fectus. The intention amounts to … [Read more...]
NON COMPOS MENTIS
Lat. Not sound of mind; Insane. This is a very general term, embracing all varieties of mental derangement See INSANITY. Coke has enumerated four different classes of persons who are deemed In law to be non compotes mentis: First, an idiot, or fool natural; second, he who was of good and sound mind and memory, but by the act of God has lost it; third, a lunatic, lunaticus qui … [Read more...]