actio non

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
ACTIO NON, pleading. After stating the appearance and defence, special pleas

begin with this allegation, "that the said plaintiff ought not to have or
maintain his aforesaid action thereof against him," actio non habere debet.
This is technically termed the actio non. 1 Ch. Plead. 531  2 Ch. Plead.
421; Steph. Plead. 394.
    

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