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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资深译员筠怡，国际知名法学院民商法专业，专注翻译各种与商业和侵权诉讼有关的法律文件。