non cepit modo et forma

NON CEPIT MODO ET FORMA, pleading. The general issue in replevin. Its form 
is, "And the said C D, by E F, his attorney, comes and defends the wrong and 
injury, when, &c., and says, that he did not take the said cattle, (or ' 
goods and chattels,' according. to the subject of the action,) in the said 
declaration mentioned or any of them, in manner and form as the said A B 
hath above complained. And of this the said C D puts himself upon the 
country." 
     2. This issue applies to a case where the defendant has not, in fact, 
taken the cattle or goods, or where he did not take them, or have them in 
the place mentioned in the declaration. The declaration alleges that the 
defendant "took certain cattle or goods of the plaintiff, in a certain 
place called," &c.; and the general issue states, that he did not take the 
said cattle or goods, in manner and form as alleged;" which involves a 
denial of the taking and of the place in which the taking was alleged to 
have been, the place being a material point in this action. Steph. PI. 183, 
4; 1 Chit. Pl. 490.