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In Novo Casu

Defined in 1 dictionary — Cyclopedic (1922)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

NOVUM REMEDIUM apponendum est. A new remedy^is to be applied to a new case. 2 Inst. 3. IN NUBIBUS (Lat.) In the clouds; in abeyance; in custody of law. In nubibus, in mare, in terra vel in custodia legis, in the air, earth, or sea, or in the custody of the law. Taylor. In case of abeyance, the inheritance is figuratively said to rest in nubibus, or in gremio legis; e. g., in case of a grant of life estate to A., and afterwards to heirs of Richard, Richard in this case, being alive, has no heirs until his death, and, consequently, the inheritance is considered as resting in nubibus, or in the clouds, till heritance goes over. See 2 Sharswood, Bl. Comm. 107, note; 1 Coke, 137. IN NULLIUS BONIS (Lat.) Among the goods or property of no person; belonging to no person, as treasure trove and wreck ■were anciently considered. Bracton, fol. 120. IN NULLO EST ERRATUM (Lat.)

In pleading. A plea to errors assigned on proceedings in error, by which the defendant in error affirms there is no error in the record. As to the effect of such plea, see 1 Vent. 252; 1 Strange, 684; 9 Mass. 532; 1 Burrows, 410; T. Raym. 231. It is a general rule that the plea in nullo est erratum confesses the fact assigned for errors (Yelv. 57; Dane, Abr. Index), but not a matter assigned contrary to the record (7 Wend. [N. Y.] 55; Bac. Abr. "Error" [G]). IN OBSCURA VOLUNTATE MANUMITtentis favendum est libertati. Where the expression of the will of one who seeks to manumit a slave is ambiguous, liberty is to be favored. Dig. 50. 17. 179. IN OBSCURIS INSPICI SOLERE QUOD verisimilius est, aut quod pterutnque fieri solet. Where there Is obscurity, we usually regard what is probable or what is generally done. Dig. 50. 17. 114. IN OBSCURIS QUOD MINIMUM EST SEquim^ur. In obscure cases, we follow that which is least so. Dig. 50. 17. 9.