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单词 non assumpsit
释义

non assumpsitn.

Brit. /ˌnɒn əˈsʌm(p)sɪt/, U.S. /ˌnɑn əˈsəm(p)sət/
Origin: A borrowing from Latin. Etymon: Latin non assumpsit.
Etymology: < post-classical Latin non assumpsit he did not undertake < classical Latin nōn not (see non- prefix) + assūmpsit he undertook, 3rd singular perfect indicative of assūmere assume v.
Law. Now historical.
A plea in an action of assumpsit by which the defendant denies having made any promise or undertaking. Cf. assumpsit n.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > denial or contradiction > in action of assumpsit
non assumpsit1631
1631 in S. R. Gardiner Rep. Cases Star Chamber & High Comm. (1886) 78 That the plaintiff had brought an action of the case against Rickby, the defendant, and upon non assumpsit.
1678 W. Brown Entring Clerk's Vade Mecum 108 (margin) As to the first, second, and third promises the Defendant pleads Non assumpsit.
1760 G. Gilbert Cases Law & Equity 51 Thus in the Case of Infancy, which may be given in Evidence upon Non assumpsit [etc.].
1768 W. Blackstone Comm. Laws Eng. III. xx. 305 As in trespass..not guilty; in debt upon contract, nil debet, he owes nothing..; or an assumpsit, non assumpsit, he made no such promise.
1817 W. Selwyn Abridgem. Law Nisi Prius (ed. 4) II. 966 The defendant pleaded non-assumpsit as to all except 3l., and as to that a tender.
1842 ‘J. Cypress, Jr.’ Sporting Scenes i. 24 Although they have experienced much affliction under the issue of ‘non assumpsit’, never was there one who suffered judgment upon the finding of a jury on the plea of ‘not guilty’.
1869 T. Parsons Laws of Business for All States of Union 22 The plaintiff must prove marriage, in assumpsit against both on a note of wife before marriage, when non-assumpsit is pleaded.
1923 B. J. Shipman Handbk. Common-Law Pleading (ed. 3) §182Non assumpsit’..is in effect a formal denial of liability on the promise or contract alleged.
1974 Jrnl. Negro Hist. 59 116 The defendant entered a general demurrer to each count of the declaration and pleaded non-assumpsit.
This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).
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