英文法律词典 N-32

NON DEMISIT, pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease. Gilb. Debt, 436, 438; Bull. N. P. 177; 1 Chit. Pl. 477.

2. It is improper¹ to plead such plea when the demise² is stated to have been by indenture³. Id.; 12 Vin. Ab. 178; Com. Dig. Pleader, 2 W 48.

NON DETINET, pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels⁴ (or, deeds and writings,' according to the subject of the action,) in the said declaration specified⁵, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country."

2. In debt on simple contract, in the case of executors and administrators⁶, instead of pleading nil⁷ debet, the plea should be "doth, not detain.". 6 East, R. 549; Bac. Abr. Pleas, I; 1 Chit. PI. 476. 3. The plea of non detinet merely puts iii issue the simple fact of detainer; when the defendant⁸ relies upon a justifiable⁹ detainer, he must plead it specially¹⁰. 8 D. P C. 347.

NON EST FACTUM, pleading. The general issue in debt on bond or other specialty¹¹, and is, in form, as follows: I " And the said C D, by E F, his attorney, conies and defends the wrong and injury, when, &c., and says, that the said supposed writing obligatory¹², (or 'indenture,' or 'articles of agreement,' according to the subject of the action,) is not his deed. And of this he puts himself upon the country." 6 Rand. Rep. 86; 1 Litt. R. 158.

2. Though non est factum is, in most cases, the general issue in debt on specialty, yet, when the deed is only inducement to the action, the general issue is nil debet. Steph. Pl. 174, n.

3. In covenant¹³ tlie general issue is non est factum; and its form is similar to that in debt on a specialty. Id. 174. It is, however, said, that in covenant there is, strictly¹⁴ speaking, no general issue, as the plea of non est factum only puts tlie deed in issue, as in debt on a specialty, and not the breach¹⁵ of covenant or any other matter of defence. 1 Chit. PI. 482. See generally, 1 Harring. R. 230; 6 Munf. R. 462; Minor¹⁶, R. 103; 1 Harr. & Gill, 324; 13 John. R, 430; 12 John. R. 337; 2 N. H. Rep. 74; 4 Wend. R. 519; 2 N. & M. 492. See Issint; Special non est factum.