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Non-tenure

Non-tenure, a plea in bar to a real action, by saying that he (the defendant) held not the land mentioned in the

former jeopardy

former jeopardy 1 : a common-law plea in bar of autrefois acquit or autrefois convict 2 : double jeopardy

Non-tenuit

Non-tenuit was a plea in bar to replevin, to avowry for arrears of rent, that the plaintiff did not hold in manner and

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Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa

that the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another Court.

Failing of record

record, when an action is brought against a person who alleges in his plea matters of record in bar of the action, and avers to prove it by the record; but the plaintiff saith nul tiel record,

De injuria sua propria absque tali causa

the replication in actions of trespass, trespass on the case (including a species of assumpsit), and in the plea in bar in replevin, but was not used in any other stages of the pleadings, See Steph. On Plead.

Actio non

Actio non. A plea in bar under the old system of pleading had a formal 'commencement'-'that the said plaintiff ought not to have

Recovery

of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, … of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carried on to judgment, and founded on the supposition of an adverse claim; and (2) the recovery-deed, which

Coke, Sir Edward

Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of … Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives

Lis pendens

the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court could not be so pleaded. Such … between the same a parties for the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court

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