Judgment of Nil Capiat Per Breve Law and Legal Definition

Judgment of nil capiat per breve is a judgment rendered in favor of the defendant on an issue raised by a plea in bar or by a plea in abatement. The term ‘nil capiat per breve’ means that s/he take nothing by his/her writ.

When an issue arises upon a declaration or peremptory plea, and it is decided in favor of the defendant and the judgment is, in general, that the plaintiff take nothing by his/her writ, it is a judgment of nil capiat per breve.