non est factum

2 definitions found

non est factum - Collaborative International Dictionary of English v.0.48 :

  Non est factum \Non` est` fac"tum\ [Law L. it is not (his)
     deed.] (Law)
     The plea of the general issue in an action of debt on bond.
     [1913 Webster]

non est factum - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  NON EST FACTUM, pleading. The general issue in debt on bond or other 
  specialty, and is, in form, as follows: "I and the said C D, by E F, his 
  attorney, comes and defends the wrong and injury, when, &c., and says, that 
  the said supposed writing obligatory, (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 covenant 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, strictly speaking, no general issue, as the plea of 
  non est factum only puts the deed in issue, as in debt on a specialty, and 
  not the breach of covenant or any other matter of defence. 1 Chit. PI. 482. 
  See generally, 1 Harring. R. 230; 6 Munf. R. 462; Minor, 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.