KFLCC Kingdom Law 2nd Ed.

NUISANCE

836

NULLI ENIM RES SUA SERVIT

629; Kissel T. Lewis, 156 Ind. 233, 59 N. E. 478; Willcox v. Hines, 100 Tenn. 538, 46 S. W. 297, 41 L. R. A. 278, 66 Am. St. Rep. 770. A mixed nuisance is of the kind last described; that is, it is one which is both public and pri vate in its effects,—public because it injures many persons or all the community, and private in that it also produces special injuries to private rights. Kelley v. New York, 6 Misc. Rep. 516, 27 N. Y. Supp. 164. Other compound and descriptive terms. —Actionable nuisance. See ACTIONABLE.— Assize of nuisance. In old practice, this was a judicial writ directed to the sheriff of the county in which a nuisance existed, in which it was stated that the party injured complained of some particular fact done ad nocumentum liberi tenementi sui, (to the nuisance of his freehold,) and commanding the sheriff to sum mon an assize (that is, a jury) to view the premises, and have them at the next commis sion of assizes, that justice might be done, etc. 3 Bl. Comm. 221.—Common nuisance. One which affects the public in general, and not merely some particular person; a public nui sance. 1 Hawk. iP. O. 197.—Continuing nui sance. An uninterrupted or periodically re curring nuisance; not necessarily a constant or unceasing injury, but a nuisance which oc curs so often and is so necessarily an incident of the use of property complained of that it can fairly be said to be continuous. Parley v. Gaslight Co., 105 Ga. 323, 31 S. E. 193.—Nui sance per se. One which constitutes a nui sance at all times and under all circumstances, irrespective of locality or surroundings, as, things prejudicial to public morals or dangerous to life or injurious to public rights; distin guished from things declared to be nuisances by statute, and also from things which consti tute nuisances only when considered with ref erence to their particular location or other in dividual circumstances. Hundley v. Harrison, 123 Ala. 292, 26 South. 294; Whitmore v. Paper Co., 91 Me. 297, 39 Atl. 1032, 40 L. R. A. 377, 64 Am. St. Rep. 229; Windfall Mfg. Co. v. Patterson, 148 Ind. 414, 47 N. E. 2, 37 L. R. A. 381, 62 Am. St. Rep. 532. NTJL. No; none. A law French nega tive particle, commencing many phrases. —Nul agard. No award. The name of a plea in an action on an arbitration bond, by which the defendant traverses the making of any legal award.—Nul disseisin. In pleading. No disseisin. A plea of the general issue in a real action, by which the defendant denies that there was any disseisin.—Nul tiel corpora tion. No such corporation [exists.] The form of a plea denying the existence of an alleged corporation.—Nul tiel record. No such record. A plea denying the existence of any such rec ord as that alleged by the plaintiff. It is the general plea in an action of debt on a judg ment. Hoffheimer v. Stiefel, 17 Misc. Rep. 236, 39 N. Y. Supp. 714.—Nul tort. In plead ing. A plea of the general issue to a real ac tion, by which the defendant denies that he committed any wrong.—Nul waste. No waste. The name of a plea in an action of waste, denying the committing of waste, and form ing the general issue. Nul charter, nul vente, ne nul done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de propertie. Co. Litt 266. No grant, no sale, no gift, Is valid forever, un less the donor, at the time of the contract, Is seised of two rights, namely, the right of possession, and the right of property.

Nul ne doit s'enrichir aux depens des autres. No one ought to enrich himself at the expense of others. Nul prendra advantage de son tort demesne. No one shall take advantage of his own wrong.' 2 Inst 713; Broom, Max. 290. Nul sans damage avera error on at taint. Jenk. Cent. 323. No one shall have error or attaint unless he has sustained damage. NUIX. Naught; of no validity or effect Usually coupled with the word "void;" as "null and void." Forrester v. Boston, etc., Min. Co., 29 Mont. 397, 74 Pac. 1088; Hume v. Eagon, 73 Mo. App. 276. NULLA BONA. Lat. No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his juris diction on which he could levy. Woodward v. Harbin, 1 Ala. 108; Reed v. Lowe, 163 Mo. 519, 63 S. W. 687, 85 Am. St Rep. 578; Lang ford v. Few, 146 Mo. 142, 47 S. W. 927, 69 Am. St. Rep. 606. Nulla curia quae recordum non habet potest imponere finem neque aliquem mandare carceri; quia ista spectant tan tummodo ad curias de recordo. 8 Coke, 60. No court which has not a record can impose a fine or commit any person to pris on; because those powers belong only to courts of record. Nulla emptio sine pretio esse potest. There can be no sale without a price. Brown v. Bellows, 4 Pick. (Mass.) 189. Nulla impossibilia aut inhonesta sunt prsesumenda; vera antem et honesta et possibilia. No things that are impossible or dishonorable are to be presumed; but things that are true and honorable and pos sible. Co. Litt. 78&. Nulla pactione efflci potest ut dolus prsestetur. By no agreement can it be ef fected that a fraud shall be practiced. Fraud will not be upheld, though it may seem to be authorized by express agreement 5 Maule & S. 466; Broom, Max. 696. Nulla virtus, nulla scientia, locum suum et dignitatem conservare potest sine modestia. Co. Litt. 394. Without modesty, no virtue, no knowledge, can pre serve its place and dignity. Nulle terre sans seigneur. No land without a lord. A maxim of feudal law. Guyot, Inst Feod. c. 28. Nulli enim res sua servit jure servi tutis. No one can have a servitude over his