Nihil

Nothing.

This word is often contracted to nil, particularly in some of the phrases and maxims given below, such as nil debet, nil dicit. Various returns made by a sheriff are termed returns of nihil. Such are the returns to a writ of scire facias, that the bail or the defendants have nothing by which he can make known to them, two such returns being considered equal to a service of the writ; and, in some of the United States, a form of return to a garnishee process, where nothing is found subject to garnishment.

Nihil capiat

That he take nothing. The form of judgment for the defendant in an action at law. If the action was commenced by original writ, in the old practice the form was, nil capiat per breve, — that he take nothing by his writ; if commenced by bill, nil capiat per billam, — that he take nothing by his bill.

Nihil debet

He owes nothing. The name of the plea of the general issue in an action of debt on simple contract, derived from the emphatic words of the plea in the Latin form.

Nihil dicit

He says nothing. The name of a judgment at common law rendered against a defendant for default of a plea or answer to the plaintiff's declaration. Nihil faoit error nominis, quum de corpora constat. An error of name is of no consequence when the subject intended clearly appears. This is a maxim of the civil law, applicable to persons as ■well as things. In other foi-ms of citing it, the words persona or re are used instead of corpore. As adopted in the common law, the term corpore is held also to include a corporate body. Thus, a misnomer in a grant to a corporation will not avoid the grant, though the is made apparent.

2 Kent Com. 292.

See Falsa demonstratio non nocet. Nihil habet. The name of a return by a sheriff upon certain writs, which he has been unable to serve, usually termed, more briefly, a return of nihil, q. v. Nihil in lege intolerabilius est eandem rem diverse jure censeri. Nothing in law is more intolerable than that the same matter should be determined by different rulings of law. Cases similar in their facts should be decided upon the same principles of law. Nihil perfectum est dum aliquid restat agendum. Nothing is completed while any part remains to be done. A maxim applicable to acts which must be done completely before they cau be considered as done at all, as in the performance of an entire contract, which must be complete before the party can avail himself of it.

Nihil praescribitur nisi quod possidetur

Nothing is prescribed except that which is possessed. A prescriptive right acquired by possession or use is limited strictly to that which has been used or possessed. Thus, use and possession of a certain way, as a path or road for foot-passengers only, would not confer a right to use that road for carriages, carts, or driving cattle. There had been no use or possession of that road for such purposes, and therefore no prescriptive right to such use. Trayn. Max. Nihil quod est inconveniens est licitum. Nothing which is inconvenient is lawful. Taken literally, this maxim is erroneous. A thing is not illegal simply because it is inconvenient. This maxim, " which is frequently advanced by Sir E. Coke, must certainly be received with some qualification, and must be understood to mean that, against the introduction or establishing of a particular rule or precedent, inconvenience is a forcible argument." Trayn. Max. This principle is better expressed by the maxim, argumentum ab inconvenienti plurimum valet in lege, q. v. Nihil tarn naturale est quam unumquod que eodem modo dissolvi quo equity as that each thing should be dissolved by the same means by which it was bound. This maxim originated in the civil law, and is found in the Digest in the form, nihil tarn naturals est, quam eo genere quidque dissolvere quo colligatum est, — nothing is so natural as to dissolve any thing by the same sort of means by which it was bound. As first adopted in the common law, it was applied to the dissolution of the relation of homage by nmtual consent, as it was created by consent. In modern law, the maxim is relied upon to sustain the principle that a contract or obligation can be released or dissolved only by matter of as high nature as the original contract or the act which created the obligation. This rule, however, is subject to exceptions, such as the dissolution of the contract of partnership. See, as to this principle, under a, correlative form of stating it, the maxim, eodem modo quo quid constituitur, eodem modo dissolvitur. The maxim is also cited as sustaining the rule which excludes parol evidence offered to contradict or vary the terms of written instruments.

Best El-id. §§ 225, 226.

Other forms of th is maxim are: Nihil est tarn nalurale quam quidlibei dissolvi eo modo quo ligatur, — nothing is so natural as that a thing should be dissolved in the same way in which it was bound; qunmodo quid constituitur, eodem modo disso Uetur, — in whatever manner a thing is constituted, in the same manner it is dissolved. Nil facit error nominis cum de oorpore vel persona constat. An error in name does no harm while it is clear as to the subject or person meant. Trayn. Max. This is the same principle as is embodied in the maxim falsa demonstratio, &c.