NIHIL

Latin: Nothing. Often contracted to “nil.” The word standing alone is the name of an abbreviated form of return to a writ made by a sheriff or constable, the fuller form of which would be “nihil est” or ”nihil habet,” according to circumstances. Nihil capiat per breve. In practice. That he take nothing by his writ. The form of judgment against the plaintiff in an action, either in bar or in abatement. When the plaintiff has commenced his proceedings by bill, the judgment is nihil capiat per billam. Co. Litt 363. Nihil dicit. He says nothing. This is the name of the judgment which may be taken as of course against a defendant who omits to plead or answer the plaintiff’s declaration or complaint within the time limited. In some jurisdictions it is otherwise known as judgment 7,for want of a plea.” See Gilder v. Mclntyre, 29 Tex. 91: Falken v. Housatonic R. Co., 63 Conn. 258, 27 Atl. 1117; Wilbur v. Maynard, 6 Colo. 486. Nihil est. There is nothing. A form of return made by a sheriff when he has been unable to serve the writ. “Although non est inventus is the more frequent return in such a case, yet it is by no means as full an answer to the command of the writ as is the return of nihil. That amounts to an averment that the defendant has nothing in the bailiwick, no dwelling-house, no family, no residence, and no personal presence to enable the officer to make the service required by the act of assembly. It is therefore a full answer to the exigency of the writ.” Sherer v. Easton Bank, 33 Pa. 139. Nihil babet. He has nothing. The name of a return made by a sheriff to a scire facias or other writ which he has been unable to serve on the defendant. Nihil aliud potest rex quam quod de jure potest. 11 Coke, 74. The king can do nothing except what he can by law do. Nihil consensui tam contrarium est quam vis atque metus. Nothing is so opposed to consent as force and fear. Dig. 50, 17, lie. Nihil de re accrescit ei qui nihil in re quando jus accresceret habet. Co. Litt. 188. Nothing of a matter accrues to him who, when the right accrues, has nothing in that matter. Nihil dictum quod non dictum prius. Nothing is said which was not said before. Said of a case where former arguments were repeated. Hardr. 464. Nihil est enim liberale quod non idem justum. For there is nothing generous which is not at the same time just 2 Kent, Comm. 441, note a. Nihil est magis rationi consentaneum quam eodem modo quodque dissolvere quo conflatum est. Nothing is more consonant to reason than that a thing should be dissolved or discharged in the same way in which it was Created. Shep. Touch. 323. Nihil facit error nominis cum de corpore constat. 11 Coke, 21. An error as to a name is nothing when there is certainty as to the person.