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Imparlance
(gcide) | Imparlance \Im*par"lance\, n. [Cf. Emparlance, Parlance.]
[Written also inparliance.]
1. Mutual discourse; conference. [Obs.]
[1913 Webster]
2. (Law)
(a) Time given to a party to talk or converse with his
opponent, originally with the object of effecting, if
possible, an amicable adjustment of the suit. The
actual object, however, has long been merely to obtain
further time to plead, or answer to the allegations of
the opposite party.
(b) Hence, the delay or continuance of a suit.
[1913 Webster]
Note: Imparlance and continuance by imparlance have been
abolished in England. --Wharton (Law Dict. ).
[1913 Webster] |
IMPARLANCE
(bouvier) | IMPARLANCE, pleading and practice. Imparlance, from the French, parler, to
speak, or licentia loquendi, in its most general signification, means time
given by the court to either party to answer the pleading of his opponent,
as either, to plead, reply, rejoin, &c., and is said to be nothing else but
the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the
more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2
Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.
2. Imparlances are of three descriptions: First. A common or general
imparlance. Secondly. A special imparlance. Thirdly. A general special
imparlance.
3.-1. A general imparlance is the entry of a general prayer. and
allowance of time to plead till the next term, without reserving to the
defendant the benefit of any exception; so that, after such an imparlance,
the defendant cannot object to the jurisdiction of the court, or plead any
matter in abatement. This kind of imparlance is always from one term to
another.
4.-2. A special imparlance reserves to the defendant all exception to
the writ, bill, or count; and, therefore, after it, the defendant may plead
in abatement, though not to the jurisdiction of the court.
5.-3. A general special imparlance contains a saving of all
exceptions whatsoever, so that the defendant, after this, may plead, not
only in abatement, but he may also plead a plea which affects the
jurisdiction of the court, as privilege. He cannot, however, plead a tender,
and that he was always ready to pay, because, by craving time, he admits he
is not ready, and so falsifies his plea. Tidd's Pr. 418, 419. The last two
kinds of imparlances are, it seems, sometimes from one day to another in the
same term. See, in general, Com. Dig Abatement, I 19, 20, 21; 1 Chit. Pl.
420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig. Pleader, D; 1 Sell. Pr.
265; Doct. Pl. 291; Encycl. de M. D'Alembert, art. Delai (Jurisp.)
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GENERAL IMPARLANCE
(bouvier) | GENERAL IMPARLANCE, pleading. One granted upon a prayer, in which the
defendant reserves to himself no exceptions, and is always from one term to
another. Gould on Pl. c. 2, Sec. 17.
2. After such imparlance, the defendant cannot plead to the
jurisdiction nor in abatement, but only to the action or merits. See
Imparlance.
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GENERAL SPECIAL IMPARLANCE
(bouvier) | GENERAL SPECIAL IMPARLANCE, pleading. One in which the defendant reserves to
himself " all advantages and exceptions whatsoever." 2 Chit. Pl. 408.
2. This kind of imparlance allows the defendant not only to plead in
abatement and to the action, but also to the jurisdiction of the court.
Gould on Pl. c. 2, Sec. 19. See Imparlance.
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IMPARLANCE
(bouvier) | IMPARLANCE, pleading and practice. Imparlance, from the French, parler, to
speak, or licentia loquendi, in its most general signification, means time
given by the court to either party to answer the pleading of his opponent,
as either, to plead, reply, rejoin, &c., and is said to be nothing else but
the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the
more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2
Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.
2. Imparlances are of three descriptions: First. A common or general
imparlance. Secondly. A special imparlance. Thirdly. A general special
imparlance.
3.-1. A general imparlance is the entry of a general prayer. and
allowance of time to plead till the next term, without reserving to the
defendant the benefit of any exception; so that, after such an imparlance,
the defendant cannot object to the jurisdiction of the court, or plead any
matter in abatement. This kind of imparlance is always from one term to
another.
4.-2. A special imparlance reserves to the defendant all exception to
the writ, bill, or count; and, therefore, after it, the defendant may plead
in abatement, though not to the jurisdiction of the court.
5.-3. A general special imparlance contains a saving of all
exceptions whatsoever, so that the defendant, after this, may plead, not
only in abatement, but he may also plead a plea which affects the
jurisdiction of the court, as privilege. He cannot, however, plead a tender,
and that he was always ready to pay, because, by craving time, he admits he
is not ready, and so falsifies his plea. Tidd's Pr. 418, 419. The last two
kinds of imparlances are, it seems, sometimes from one day to another in the
same term. See, in general, Com. Dig Abatement, I 19, 20, 21; 1 Chit. Pl.
420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig. Pleader, D; 1 Sell. Pr.
265; Doct. Pl. 291; Encycl. de M. D'Alembert, art. Delai (Jurisp.)
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SPECIAL IMPARLANCE
(bouvier) | SPECIAL IMPARLANCE, pleading. One which contains the clause, "saving to
himself all advantages and exceptions, as well to the writ, as to the
declaration aforesaid." 2 Chit. Pl. 407, 8.
2. This imparlance admits the jurisdiction of the court, but the
defendant may plead in abatement or to the action; that is, to the writ or
the count. Gould. on Pl. c. 2, Sec. 18; Lawes on Pl. 84. See imparlance.
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