begin with this allegation
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.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.