Blacks Law Dict. 1st ed

NIHIL CONSENSUS ETC.

NIHIL QUOD, ETC.

815

ia an action, either in bar or in abatement. When the plaintiff has commenced his pro ceedings by bill, the judgment is nihil capiat per billam. Co. Litt. 363. Nihil oonsensui tarn oontrarium est quam vis atque metus. Nothing is so op posed to consent as force and fear. Dig. 50, 17. 116. Nihil de re acorescit ei qui nihil in re quando jus aceresoeret habet. Co. Litt. 188. Nothing of a matter accrues to him who, when the right accrues, has nothing in that matter. NIHIL DICIT. He says nothing. This is the name of the judgment which may be taken as of course against a defendant who omits to plead or answer the plaintiff's dec laration or complaint within the time limited. In some jurisdictions it is otherwise known as judgment "for want of a plea." Nihil dictum quod non dictum prius. Nothing is said which was not said before. Said of a case where former arguments were repeated. Hardr. 464. NIHIL EST. Lat. There is nothing. A form of return 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 en able the officer to make the service required by the act of assembly. It is therefore a full answer to the exigency of the writ." 33 Pa. St. 139. Nihil est enim liberate quod non idem justum. For there is nothing generous which is not at the same time just. 2 Kent, Comm. 441, note a. Nihil est magis ration! consentaneum quam eodem modo quodque dissolvere quo conflatum est. Nothing is more con sonant to reason than that a thing should be dissolved or discharged in the same way in which it was created. Shep. Touch. 323. Nihil facit error nominis oum de cor pore oonstat. 11 Coke, 21. An error as to a name is nothing when there is certainty as to the person. NIHIL HABET. He has nothing. The name of a return made by a sheriff to a wire

facias or other writ which he has been un able to serve on the defendant. Nihil habet forum ex scena. The court has nothing to do with what is not before it. Bac. Max. Nihil in lege intolerabilius est [quam} eandem rem diverso jure censeri. Noth ing is more intolerable in law than that the same matter, thing, or case should be sub ject to different views of law. 4 Coke, 93a. Applied to the difference of opinion enter tained by different courts, as to the law of a particular case. Id. Nihil infra regnum subditos magis conservat in tranquilitate et concordla quam debita legum administratio. Noth ing preserves in tranquility and concord those who are subjected to the same govern ment better than a due administration of the laws. 2 Inst. 158. Nihil iniquius quam raquitatem nimis intendere. Nothing is more unjust than to extend equity too far. Halk. 103. Nihil magis justum est quam quod necessarium est. Nothing is more just than that which is necessary. Dav. Ir. K. B. 12; Branch, Frinc. Nihil nequam est prrasumendum Nothing wicked is to be presumed. 2 P. Wms. 583. Nihil perfectum est dum aliquld re stat agendum. Nothing is perfect while anything remains to be done. 9 Coke, 9b. Nihil peti potest ante id tempus quo per rerum naturam persolvi possit. Nothing can be demanded before the time when, by the nature of things, it can be paid. Dig. 50, 17, 186. Nihil possumus contra veritatem. We can do nothing against truth. Doct. & Stud. dial. 2, c 6. Nihil prsescribitur nisi quod possi detur. There is no prescription for that which is not possessed. 5Barn. & Aid. 277. Nihil quod est contra rationem est licitum. Nothing that is against reason ia lawful. Co. Litt. 976. Nihil quod est inconveniens est lici turn. Nothing that is inconvenient is law ful. Co. Litt. 66a, 976. A maxim very frequently quoted by Lord Coke, but to be taken in modern law with some qualification. Broom, Max. 186, 366.

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