precludi non

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
PRECLUDI NON, pleading. A technical allegation contained in a replication 
which denies or confesses and avoids the plea. It is usually in the 
following form; "And the said A B, as to the plea of the said C D, by him 
secondly above pleaded, says, that he the said A B, by reason of any thing 
by the said C D, in that plea alleged, ought not to be barred from having 
and maintaining his aforesaid action thereof against the said C D, because 
he says that," &c. 2 Wils. 42; 1 Chit. Pl. 573. 
    

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