Blacks Law Dict. 1st ed

NOMINAL PARTNER

818

NOLIS

Nomen non sufflcit, si res non sit de jure aut de facto. A name ib not sufficient if there be not a thing [or subject for it] de Jure or de facto. 4 Coke, 1076. Nomina mutabilia sunt, res autem im mobiles. Names are mutable, but things are immovable, [immutable.] A name may be true or false, or may change, but the thing itself always maintains its identity. 6 Coke, 66. Nomina si nescis perit cognitio re rum; et nomina si perdas, certe dis tinctio rerum perditur. Co. Litt. 86. If you know not the names of things, the knowl edge of things themselves perishes; and, if you lose the names, the distinction of the things is certainly lost. Nomina sunt notes rerum. 11 Coke, 20. Names are the notes of things. Nomina sunt symbola rerum. Godb. Names are the symbols of things. NOMINA TRANSCRIPTITIA. In Roman law. Obligations contracted by lite rce {i. e., literis obligationes) were so called because they arose from a peculiar transfer {transcriptio) from the creditor's day-book {adversaria) into his ledger, {codex.) NOMINA VILLARUM. In English law. An account of the names of all the villages and the possessors thereof, in each county, drawn up by several sheriffs, (9 Edw. II.,) and returned by them into the excheq uer, where it is still preserved. Wharton. NOMINAL. Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. NOMINAL DAMAGES. In practice. A trifling sum awarded to a plaintiff in an action, where there is no substantial loss or injury to be compensated, but still the law recognizes a technical invasion of his rights or a breach of the defendant's duty. NOMINAL DEFENDANT. A person who is joined as defendant in an action, not because he is immediately liable in damages or because any specific relief is demanded as against him, but because his connection with the subject-matter is such that the plaintiff's action would be defective, under the technical rules of practice, if he were not joined. NOMINAL PARTNER. A pei son who appears to be a partner in a firm, or is so represented to persons dealing with the firm,

NOLIS. Fr. In French law Freight. The same with "fret." Ord. Mar. liv. 3, tit. 3. NOLISSEMENT. Fr. In French ma rine law. Affreightment. Ord. Mar. liv. 3, tit. 1. NOLLE PROSEQUI. Lat. In practice. A formal entry upon the record, by the plain tiff in a civil suit or the prosecuting officer in a criminal action, by which he declares ch.it he " will no further prosecute" the case, either as to some of the counts, or some of the defendants, or altogether. A nolle prosequi Is in the nature of an acknowl edgment or undertaking by the plaintiff in an ac tion to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non pros., by which the plaintiff is put out of court with respect to all the defendants. Brown. NOLO CONTENDERE. Lat. I will not contest it. This is the name of a plea in a criminal action, upon which the defendant may be sentenced. NOMEN. In the civil law. A name; the name, style, or designation of a person. Properly, the name showing to what gens or tribe he belonged, as distinguished from his own individual name, (the prcenomen,) horn his surname or family name, {cogno men,) and from any name added by way of a descriptive title, {agnomen.) The name or style of a class or genus of persons or objects. A debt or a debtor. Ainsworth; Calvin. NOMEN COLLECTIVUM. A collect ive name or term; a term expressive of a class; a term including several of the same kind; a term expressive of the plural, as well as singular, number. Nomen est quasi rei notamen. A name is, as it were, the note of a thing. 11 Coke, 20. NOMEN GENERALE. A general name; the name of a genus. Fleta, lib. 4, c. 19, § 1. NOMEN GENERALISSIMUM. A name of the most general kind; a name or term of the most general meaning. By the name of "land," which is nomen generalis simum, everything terrestrial will pass. 2 Bl. Comm. 19; 3 Bl. Comm. 172. NOMEN JURIS. A name of the law; a technical legal term.

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