non cepit

non cepit (non see-pit). [Latin “he did not take”] Hist. A general denial in a replevin action that puts at issue both the taking and the place of taking.

— Also termed non cepit modo et forma. See REPLEVIN. [Cases: Replevin 63, 69.]

“ ‘Non cepit’ is the general issue in replevin, and is a formal denial both of the fact and the place of the alleged taking. It denies the taking only, and not the plaintiff’s right of possession. Where replevin may be and is brought for goods lawfully obtained, but unlawfully detained, the general issue is ‘non detinet,’ which is a denial of the detention. It denies the detention only, and not the plaintiff’s right.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 178, at 318 (Henry Winthrop Ballantine ed., 3d ed. 1923).

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词条贡献者

译者李科，毕业于世界顶级翻译学院，擅长翻译各种与国家安全审查相关的法律文件。