KFLCC Kingdom Law 2nd Ed.

NOMEM

821

NOMINATIO AUOTORIS

and the possessors thereof, in each county, drawn up by several sheriffs, (9 Edw. II.,) and returned by them into the exchequer, where it is still preserved. Wharton. Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. — Nominal consideration. See CONSIDEEA TION.— Nominal damages. See DAMAGES. —Nominal defendant. A person who is join ed 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 isuch that the plaintiffs action would be de fective, under the technical rules of practice, if he were not joined.— Nominal partner. A person who appears to be a partner in a firm, or is so represented to persons dealing with the firm, or who allows his name to appear in the style of the firm or to be used in its business, in the character of a partner, but who has no actual interest in the firm or business. Story, Partn. § 80.— Nominal plaintiff. One who has no interest in the subject-matter of the action, having assigned the same to another, (the real plaintiff in interest, or "use plaintiff,") but who must be joined as plaintiff, because, under technical rules of practice, the suit can not be brought directly in the name of the as signee. NOMINATE. To propose for an appoint ment; to designate for an office, a privilege, a living, etc. In the civil law. Contracts having a proper or peculiar name and form, and which were divided into four kinds, expressive of the ways in which they were formed, viz.: (1) Real, which arose ex re, from something done; (2) verbal, ex verois, from something said; (3) literal, ex Uteris, from something written; and (4) consensual, ex consensu, from some thing agreed to. Calvin. NOMINAL. NOMINATE CONTRACTS. NOMINATING AND REDUCING. A mode of obtaining a panel of special jurors in England, from which to select the jury to try a particular action. The proceeding takes place before the under-sheriff or sec ondary, and in the presence of the parties' solicitors. Numbers denoting the persons on the sheriff's list are put into a box and drawn until forty-eight unchallenged per sons have been nominated. Each party strikes off twelve, and the remaining twenty four are returned as the "panel," (q. v.) This practice is now only employed by order of the court or judge. (Sm. Ac. 130; Juries Act 1870, § 17.) Sweet NOMINATIO AUCTORIS. Lat In Ro man law. A form of plea or defense in an action for the recovery of real estate, by which the defendant, sued as the person apparently in possession, alleges that he NOMINATIM. Lat. By name; express ed one by one.

admission elsewhere. Com. v. Tilton, 8 Mete. (Mass.) 232. Not available as an estoppel in a civil action. Com. v. Horton, 9 Pick. (Mass.) 206. 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 prceno men,) from his surname or family name, (cognomen,) 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 collective name or term; a term expressive of a class; a term in cluding several of the same kind; a term ex pressive of the plural, as well as singular, num ber.— Nomen generate. 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 generalissimnm, everything terrestrial will pass. 2 Bl. Comm. 19; 3 Bl. Comm. 172. — Nomen juris. A name of the law; a tech nical legal term.— Nomen transcriptitium. See NOMINA TRANSCBIPTITIA. A name is, as it were, the note of a thing. 11 Coke, 20. Nomen non snfficit, si res non sit do jure ant de facto. A name is not sufficient if there be not a thing [or subject for it] 4e jure or de facto. 4 Coke, 107&. NOMEN. Lat. In the civil law. Nomen est quasi rei notamen. Nomina mntabilia sunt, res antem im mobile*. 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 neseis perit cognitio rernm; «t nomina si perdas, certe distinctio rernm perditnr. Co. Litt. 86. If you know not the names of things, the knowledge of things themselves perishes; and, if you lose the names, the distinction of the things Is certainly lost

Nomina sunt notse rernm. 20. Names are the notes of things.

11 Coke,

Nomina sunt symbola rernm. Names are the symbols of things.

Godb.

NOMINA TRANSCRIPTITIA.. In Ro man law. Obligations contracted by Uteres (i. e., Uteris ooligationes) were so called be cause they arose from a peculiar transfer (transcriptio) from the creditor's day-book (adversaria) into his ledger, (codex.)

NOMINA VFLLARUM. In English law. An account of the names of all the villages