NON DAMNIFICATUS

Latin: 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 the plaintiff has been kept harmless and indemnified, according to the tenor of the condition. Steph. PI. (7th Ed.) 300, 301. State Bank v. Chetwood, 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, quam 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 quod 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 ejus rei en-Jus petitur 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, quod inter alios actnm est. A person ought not to be prejudiced by what has been done between others. Dig. 12, 2, 10. Non debet alteri per alteram iniqun 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, quod 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 quod pro rege et republica 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.