Non Pros

Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to be non pros.Under R.S.C. 1883, Ord. XXVII., when the plaintiff neglects to proceed, the course is for the defendant to apply for a dismissal of the action for want of prosecution....

Non-residentio pro clerico regis

Non-residentio pro clerico regis, a writ addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his non-residence; in which case he is to be discharged, Reg. Brev. 58....

Nonsolvendo pecuniam ad quam clericus mulctatur pro non-residentia

Nonsolvendo pecuniam ad quam clericus mulctatur pro non-residentia, a writ prohibiting an ordinary to take a pecuniary mulct imposed on a clerk of the sovereign for non-residence, Reg. Brev. 59....

Deliverance, second, writ of

Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....

Breve judiciale non cadit pro defectu forme

Breve judiciale non cadit pro defectu forme [Lat.], A judicial writ fails not through defect of form....

Fine non capiendo pro pulchre placitando

Fine non capiendo pro pulchre placitando, an obsolete writ to inhibit officers of courts to take fines for fair pleading....

Si as pro auro veneat non valet

Si as pro auro veneat non valet (D. 18. 1, 9, 2), if bronze is sold for gold it is invalid. The maxim was discussed by the Divisional Court of Q.B. in Kennedy v. Panama & Mail Co., 1867 LR 2 QB 580 (588...

Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur

Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur [Lat.], It is not just to make anyone a bastard after his death when for his whole life he was taken to be legitimate....

nonpros

nonpros non·prossed non·pros·sing : to enter a non prosequitur against ...

Non pros

An abbreviation of Non prosequitur...

Non Pros - Law Dictionary Search Results