Nul
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
No; none. A law-French particle of negation, forming a portion of many phrases, among which are the following: Nul agard.
No award
The name of a plea in an action on an arbitration bond, by which the making of any legal name of a plea in a real action, by which the defendant denies that there was any disseisin, forming, thereby, the general issue.
Nul prendra advantage de son tort demesne
No one shall take advantage of his own wrong. A wrongful act is not to be allowed to benefit the wrong-doer. The author of a. wrong, who has put a person in a position in which he had no right to put him, cannot take advantage of his own illegal act.
Hawkins v. Hall, 4 Mi/l. §• C. 281.
This maxim applies to that very extensive class of cases in which fraud is alleged to have been committed by one of the parties to a transaction, and is relied upon as a defence by the other. It is from the principle set forth therein that the doctrine of estoppel in pais is in many cases referable. Where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded fi'om averring against the latter a different state of things as existing at the same time. The Latin form of the maxim is, nullus commodum capere potest de injuria sua propria.
Nul tiel record
No such record. The name of a plea by which is denied the existence of the record on which the action is founded. It is the usual plea in an action of debt upon a matter of record, such as a judgment. The name is also applied to a replication to a plea of matter of record. Such a pleading is proper to introdu.ce matter tending to destroy the validity of the record, which does not contradict the record itself; such as matter showing lack of jurisdiction of the court from which the alleged record emanates. Nul tiel record is a plea pleaded in that form of trial which is called trial by the record.
— This form of trial is only used in one particular instance, and that is where a matter of record is pleaded in any action, as a fine, a judgment, or the like, and the opposite party pleads nul tiel record, i.e. that there is no such matter of record existing; whereupon issue is joined, which is called an issue of nul tiel record; and in such eases the court awards a trial by inspection whenever a question arises as to what has judicially taken place in a superior court of record;
— for the law presumes, that, if it took place, there will remain a record of the proceeding.
But if the court is not of record, the issue should be directly upon the fact whether any such proceeding took place, and not upon the existence of any judicial memorial.
Dyson v. Wood, 3 Barn. Sf C. 449; 2 Chit. Arch. Prac. by Pren. 924-931.
Nul tort
No wrong. The name of a plea in a real action, by which the defendant denies that he committed the wrong alleged by the plaintiff, thereby forming a species of general issue.
Nul waste
No waste. The name of a plea in an action of waste, denying the committing of waste, and forming the general issue.