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Nihil

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

Lat Nothing. Often contracted to "ml." 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 plnintiff 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 agninst 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 "for want of a plea." See Gilder v. McIntyre, 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 refum 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 habet. He has nothing. The name of a return made by a sheriff to a scire facias or other writ which he bas been unable to serve on the defendant.