Page:Black's Law Dictionary (Second Edition).djvu/829

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


admission elsewhere. Com. v. Tilton. 8 Mctc. (ileum ‘.732. Not aiailable as an estoppel in a civil action. Com. v. Horton, 9 Pick. (inn) 206.

NOMEN. Lat. In the civil law. A name; the name, sale, or designation of a person. Properly, the name showing to what gene or tribe he belonged, as distinguished from his own iIl(ll\'ldUnl name, (the 11112110- mcn.) from his surname or family name, icomiomcn.) and from any name added by way of a descriptive title, (u_t7nomon.)

‘me name or style of a class or genus of persons or objects.

A debt or a debtor. Alnsworth; Calvin. —Noinen eolleetivnm. A collective name or term; a term eipressive of a class; a term indu 'i_ig several of the same kind: a term expre i\e of the plural, as well as siuguiar. unin- ber.—Noxnen generale. A general name; the Millie of u ggmux. Fleta. lib. 4, C. 19, § 14- Nomen generalissimuni. A name of the most general kind; a name or term of the most generai meaning. By the name of “land," wbich lsiirimen ycnuvzlissirniiin, evu-i'_vllnng terrestrial Iblll pass. 2 Bl. Comm. 19; 3 Bl. Comm. 172. —Noxnen jurls. A name of the law: a tech- nical legal term. ‘* ' ’ See Nouma TEANSCRIPTITIA.

Nomen est quasi rel notninen. A name is, as it were, the note of a thing. 11 Coke, 20.

Noinen non sufiicit, si i-es non sit do jni-e nut de faeto. A name is not sufficient if there be not a thing [or subject for it] de mre or do farto. 4 Coke, 107b.

Nominn mntabilia. sunt, x-es antem im- mnbiles. l\'niines are mutable, but things are immovable. [iminutable.] A name may be true or false, or may change, but the thing itself always maintains its identity. 6 Coke, 66.

Nomiiin si nescis per-it eugnitlo r-er-um; at nomina. si per-dos. certs distinctio rerun: per-ditur. Co. Litt. 86. it 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 certainiy lost

Noxninn aunt notna return. 11 Coke, 20. Names are the notes of things. Nondna aunt symbols reruxn. Godb. Names are the symbols of things.

NOMIINA TRANSCRIPTITIA. In RO- miui law. Ohligations contracted by litertz (I. 0.. literls obliflutiories) were so called be cause they arose from a peculiar transfer (t1‘Iinac1'1‘ptio) from the creditor's day-book (ad-versaria) into his ledger, (cadea7.)

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



and the possessor-s thereof, in each county, drawn up by several sheriffs. (9 Ediv. II.,) and returned by them into the excliequer. where it is still preserved. Wharton.

NOMINAL. Titular; existing in name only; not real or substantial; connected wlfli the transaction or proceeding in name only, not in interest

—NominnJ consideration. See C0\‘S!DEIh\- 'r'ioN.-—Noniina1 damages. See D\MA( Es. —Noxni:na.1 defendant. -3 person who is join- _ed as defendant in an action. not because he is immediately liable in damages or because any Eperlfic l}‘1E_l]Ef is de{l]aD(lei:itl:1Sul1lgZ]llJlSl_1 him, ‘but E:‘I'.‘llIISE IS COTl|'lC(‘ IOII WI 9 SU JJFCC-H151 T9!‘ is such that the plaintiff's action uonld be defective, under the technical rules of 1)l'.'1(tlCE, if he‘ were not joined.—Nominal partner. A person who appears to be a partner in :1 firm, gr is so regresefiited t}o_ persons dealing with (lie rm, or w o a ows is name to appear i t e slyle of_tbe firm or to be used in its has Lss, in the (-imracter of 11 partner, but who has no actual interest in the film or business. Story. Partn. _ o_in.ina.1 p‘ _‘ tifll. One who s no ‘interest in tbs S‘il.ll7JI'-JCT.-lIl?llI€I' of the action. -iving assigns t e same to another, (the refiii plnintilif’ in interest, or1“|ise plaintiff.") ut w 1: must e joine as paintiif, because, under ' ' ‘ rules of practice, the suit cannot be brought directly in the name of the assignee

NOMINATE. To propose for an appoint merit: to designate for an office, a privilege,

1 living, etc.

NOMINATE CON'1'.RACTS. In the civil law. Contracts having a proper or peculiar name and form, and winch were divided into four kinde, expressive of the ways in which they were formed, viz.: (1) Real, which arose or re. from something done; (2) verbal, em verbis, from something said; (3) literal, em literis. from something written; mid (4) collsensuiil, em cunscmiu, from some thing ureed to. Calvin.

NOMINATIM. Lot. ed one by one.

By name : express-

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 secondary, and in the presence of the parties’ solicitors. Numbers denoting the persons on the sherih°’s list are put into a box and dirnvn until forty-eight iinc-hallen_:e(l persons have been nominated l<‘aeh paru strikes off twelve, and the remaining twenty- four are returned as the "panel." (11. -o.) 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 Rnmnn 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