Actio Non

In pleading. The declaration in a special plea "that the said plaintiff ought not to have or maintain his aforesaid action thereof against" the defendant (in Latin, actio non habere debet). It follows immediately after the statement of appearance and defense. 1 Chit. PI. 531; 2 Chit. PI. 421; Steph. PI. 394. ACTIO NON ACCREVIT INFRA SEX ANNOS (Lat.) The action did not accrue within six years. ^

I. I. An abbreviation of actionem non, the words anciently used in beginning a special plea in bar. Actio non nlterius: the name of the distinctive clause in the plea to the further maintenance of the action introduced in place of the plea jpms darrein continuance.

In pleading. The Latin name of that part of a special plea which follows next after the statement of appearance and defense, and declares that the plaintiff “ought not to have or maintain his aforesaid action,” etc. ACTIO NON ACCREVIT INFRA

Lat.

In pleading. An abbreviation of actionem non, the emphatic words anciently used at the commencement of a special plea in bar; the defendant first averring generally, that the plaintiff "ought not to have or maintain his action," (actionem non habere,) and then proceeding to state the reason, — "because he says that, &c." Hence this whole preliminary formula, (literally translated in the modern forms,) has been technically termed the actio non, or actionem non. Steph. Plead. 394, (Am. ed. 1824.) 1 Chitt. Pl. 906. By the late rules of the English courts, (Hil. T. 4 Will. IV. 1, s. 10,) this clause is dispensed with.

pleading. After stating the appearance and defence special pleas begin with this allegation, “that the said plaintiff ought not to have or maintain his aforesaid action thereof against him,” actzo non debere habet. This is technically termed the actio non. 1 Ch. Plead. 531; 2 Ch. Plead. 421;