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Nihil

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

nil, I. Nothing; not. Nihil aliud potest rez quam quod de jure potest: the King can do nothing else than what he can do by law. Nil capiat per breve (that he take nothing by his writ): words of judgment for the defendant on an issue on a plea in bar or abatement. Nil debet (he owes nothing): the general issue in debt on a simple contract. Nil dicit (he says nothing): words in a judgment against the defendant for default in failing to answer. Nihil consensui tain contrarium est quam vis atque metus: nothing is so unlike consent as force and fear. Nihil facit error nominis cum de corpore constat: an error in the name has no effect when it is clear as to the person meant. Nihil habet (he has nothing): the name of a return made by a sheriff upon a scire facias, or other writ, which he has been unable to serve. Nil habuit in tenementia (he had nothing in the tenements): a plea in an action of debt upon a lease indented, setting up that the person claiming to be landlord had no title. Nihil perfectum est dum aliquid restat agendum: nothing is perfect while anything remains to be done. Nihil prsescribitur nisi quod possidetur: there can be no prescription in that which is not possessed. Nihil tam conveniens est naturali aequitati, quam voluntatem domini volentis rem suam in alium transferre, ratam haberi: there is nothing so consistent with natural equity as to hold good the wish of an owner desiring to transfer his property to another. Nihil tam naturale, etc.; v. Naturale. Nimia sub till tas in jure reprobatur et talis certitudo certitudinem confundit, I. Excessive subtlety is disapproved of in law, and such nicety confuses certainty.