Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase formerly used in pleading to introduce the negative averments of a special traverse.
Sources & Authorities· 34 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Process Server Qualifications
Edward Everett hired a nineteen-year-old neighbor to deliver the summons and complaint to the defendant corporation. The neighbor had no connection to the lawsuit and met the age requirement. Service was therefore effective under the governing rule.
Firm Screening After Departure
Emily Ellis left her former firm and the remaining lawyers took on a matter adverse to one of her old clients. The firm implemented screening procedures and gave prompt written notice to the former client. Representation was therefore permitted.
Misdemeanor Arrest Authority
Elliot Edmonds observed Ethan Evans commit a fine-only traffic offense in his presence. Edmonds effected a warrantless arrest. The Fourth Amendment permitted the arrest even though incarceration was unavailable as a penalty.
Eva Espinosa brought a successful derivative suit on behalf of Echo Systems. The court entered judgment awarding damages to the company. Those proceeds belonged exclusively to the limited liability company rather than to Espinosa personally.
Individual Property Classification
Edith Eberhardt received a bequest of stock from her aunt after the determination date. The gift was made solely to Eberhardt and not to both spouses. The stock therefore constituted individual property under the uniform act.
Separation Agreement Enforcement
Evergreen Bank and its former executive negotiated a separation agreement covering property division and maintenance. The court found the agreement not unconscionable as to those terms and not unsatisfactory as to support. The agreement terms were therefore incorporated into the dissolution decree.
Common questions
Frequently Asked
1
What does the phrase et non signify in historical pleading?+
It introduced the negative averments that completed a special traverse.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…to have declined giving voluntary affidavits. They objected to being sworn, alleging they were clerks in the Department of State and not bound to disclose facts relating to the business or transactions in the office. Mr. Lee observed that the Secretary of State's duties are of two kinds and he exercises functions in two…
Business Associations Agency and PartnershipVicarious liability of principal for acts of agent · Vicarious liability of principal for acts of agentUBEFoundational