| slovo | definícia |
plead
(mass) | plead
- plead/pleaded/pleaded, priznať, žiadať |
plead
(encz) | plead,hájit v: Zdeněk Brož |
plead
(encz) | plead,hájit se v: Zdeněk Brož |
plead
(encz) | plead,obhajovat v: Zdeněk Brož |
plead
(encz) | plead,omlouvat se v: Zdeněk Brož |
plead
(encz) | plead,plead/pleaded/pleaded v: [neprav.] Zdeněk Brož a automatický
překlad |
plead
(encz) | plead,plead/pled/pled v: [neprav.] Zdeněk Brož a automatický překlad |
plead
(encz) | plead,prosit v: Zdeněk Brož |
plead
(encz) | plead,přiznat v: Pavel Machek; Giza |
plead
(encz) | plead,přiznat se v: Zdeněk Brož |
plead
(encz) | plead,soudit se v: Zdeněk Brož |
plead
(encz) | plead,věc Pavel Machek; Giza |
plead
(encz) | plead,vymlouvat se v: Zdeněk Brož |
plead
(encz) | plead,žádat v: Zdeněk Brož |
Plead
(gcide) | Plead \Plead\, v. t.
1. To discuss, defend, and attempt to maintain by arguments
or reasons presented to a tribunal or person having
uthority to determine; to argue at the bar; as, to plead a
cause before a court or jury.
[1913 Webster]
Every man should plead his own matter. --Sir T.
More.
[1913 Webster]
Note: In this sense, argue is more generally used by lawyers.
[1913 Webster]
2. To allege or cite in a legal plea or defense, or for
repelling a demand in law; to answer to an indictment; as,
to plead usury; to plead statute of limitations; to plead
not guilty. --Kent.
[1913 Webster]
3. To allege or adduce in proof, support, or vendication; to
offer in excuse; as, the law of nations may be pleaded in
favor of the rights of ambassadors. --Spenser.
[1913 Webster]
I will neither plead my age nor sickness, in excuse
of faults. --Dryden.
[1913 Webster] |
Plead
(gcide) | Plead \Plead\, v. t. [imp. & p. p. Pleaded (colloq. Pleador
Pled); p. pr. & vb. n. Pleading.] [OE. pleden, plaiden,
OF. plaidier, F. plaider, fr. LL. placitare, fr. placitum.
See Plea.]
1. To argue in support of a claim, or in defense against the
claim of another; to urge reasons for or against a thing;
to attempt to persuade one by argument or supplication; to
speak by way of persuasion; as, to plead for the life of a
criminal; to plead with a judge or with a father.
[1913 Webster]
O that one might plead for a man with God, as a man
pleadeth for his neighbor! --Job xvi. 21.
[1913 Webster]
2. (Law) To present an answer, by allegation of fact, to the
declaration of a plaintiff; to deny the plaintiff's
declaration and demand, or to allege facts which show that
ought not to recover in the suit; in a less strict sense,
to make an allegation of fact in a cause; to carry on the
allegations of the respective parties in a cause; to carry
on a suit or plea. --Blackstone. Burrill. Stephen.
[1913 Webster]
3. To contend; to struggle. [Obs.] --Chaucer.
[1913 Webster] |
plead
(wn) | plead
v 1: appeal or request earnestly; "I pleaded with him to stop"
2: offer as an excuse or plea; "She was pleading insanity"
3: enter a plea, as in courts of law; "She pleaded not guilty"
4: make an allegation in an action or other legal proceeding,
especially answer the previous pleading of the other party by
denying facts therein stated or by alleging new facts |
| | podobné slovo | definícia |
pleaded
(mass) | pleaded
- plead/pleaded/pleaded |
plead/pleaded/pleaded
(msas) | plead/pleaded/pleaded
- plead, pleaded |
plead/pleaded/pleaded
(msasasci) | plead/pleaded/pleaded
- plead, pleaded |
defective pleading
(encz) | defective pleading, n: |
judgement on the pleadings
(encz) | judgement on the pleadings, n: |
judgment on the pleadings
(encz) | judgment on the pleadings, n: |
pleaded
(encz) | pleaded,doznal v: Zdeněk Brožpleaded,plead/pleaded/pleaded v: [neprav.] Zdeněk Brož a automatický
překladpleaded,prosil v: Zdeněk Brožpleaded,přiznal v: Zdeněk Brož |
pleader
(encz) | pleader,obhájce n: Zdeněk Brož |
pleading
(encz) | pleading,naléhavý adj: Zdeněk Brožpleading,prosebný adj: Zdeněk Brožpleading,úpěnlivý adj: Zdeněk Brož |
pleading in the alternative
(encz) | pleading in the alternative, n: |
pleadingly
(encz) | pleadingly,úpěnlivě adv: Zdeněk Brož |
special pleading
(encz) | special pleading, n: |
plead/pleaded/pleaded
(czen) | plead/pleaded/pleaded,pleadv: [neprav.] Zdeněk Brož a automatický
překladplead/pleaded/pleaded,pleadedv: [neprav.] Zdeněk Brož a automatický
překlad |
plead/pled/pled
(czen) | plead/pled/pled,pleadv: [neprav.] Zdeněk Brož a automatický překladplead/pled/pled,pledv: [neprav.] Zdeněk Brož a automatický překlad |
Counterplead
(gcide) | Counterplead \Coun`ter*plead"\ (koun`t?r-pl?d"), v. t.
To plead the contrary of; to plead against; to deny.
[1913 Webster] |
Emplead
(gcide) | Emplead \Em*plead"\, v. t. [Pref. em- (L. in) + plead: cf. F.
emplaidier. Cf. Implead.]
To accuse; to indict. See Implead.
[1913 Webster] |
enterplead
(gcide) | Interplead \In`ter*plead"\, v. i. (Law)
To plead against each other, or go to trial between
themselves, as the claimants in an in an interpleader. See
Interpleader. [Written also enterplead.]
[1913 Webster]Enterplead \En`ter*plead"\, v. i.
Same as Interplead.
[1913 Webster] |
Enterplead
(gcide) | Interplead \In`ter*plead"\, v. i. (Law)
To plead against each other, or go to trial between
themselves, as the claimants in an in an interpleader. See
Interpleader. [Written also enterplead.]
[1913 Webster]Enterplead \En`ter*plead"\, v. i.
Same as Interplead.
[1913 Webster] |
Implead
(gcide) | Implead \Im*plead"\, v. t. [imp. & p. p. Impleaded; p. pr. &
vb. n. Impleading.] [Cf. Emplead.] (Law)
To institute and prosecute a suit against, in court; to sue
or prosecute at law; hence, to accuse; to impeach.
[1913 Webster]Implead \Im*plead"\, v. i.
To sue at law.
[1913 Webster] |
Impleadable
(gcide) | Impleadable \Im*plead"a*ble\, a.
Not admitting excuse, evasion, or plea; rigorous. [R.] --T.
Adams.
[1913 Webster] |
Impleaded
(gcide) | Implead \Im*plead"\, v. t. [imp. & p. p. Impleaded; p. pr. &
vb. n. Impleading.] [Cf. Emplead.] (Law)
To institute and prosecute a suit against, in court; to sue
or prosecute at law; hence, to accuse; to impeach.
[1913 Webster] |
Impleader
(gcide) | Impleader \Im*plead"er\, n. (Law)
One who prosecutes or sues another.
[1913 Webster] |
Impleading
(gcide) | Implead \Im*plead"\, v. t. [imp. & p. p. Impleaded; p. pr. &
vb. n. Impleading.] [Cf. Emplead.] (Law)
To institute and prosecute a suit against, in court; to sue
or prosecute at law; hence, to accuse; to impeach.
[1913 Webster] |
Interplead
(gcide) | Interplead \In`ter*plead"\, v. i. (Law)
To plead against each other, or go to trial between
themselves, as the claimants in an in an interpleader. See
Interpleader. [Written also enterplead.]
[1913 Webster] |
Interpleader
(gcide) | Interpleader \In`ter*plead"er\, n.
1. One who interpleads.
[1913 Webster]
2. (Law) A proceeding devised to enable a person, of whom the
same debt, duty, or thing is claimed adversely by two or
more parties, to compel them to litigate the right or
title between themselves, and thereby to relieve himself
from the suits which they might otherwise bring against
him.
[1913 Webster] |
Misplead
(gcide) | Misplead \Mis*plead"\, v. i.
To err in pleading.
[1913 Webster] |
Mispleading
(gcide) | Mispleading \Mis*plead"ing\, n. (Law)
An error in pleading.
[1913 Webster] |
Plead
(gcide) | Plead \Plead\, v. t.
1. To discuss, defend, and attempt to maintain by arguments
or reasons presented to a tribunal or person having
uthority to determine; to argue at the bar; as, to plead a
cause before a court or jury.
[1913 Webster]
Every man should plead his own matter. --Sir T.
More.
[1913 Webster]
Note: In this sense, argue is more generally used by lawyers.
[1913 Webster]
2. To allege or cite in a legal plea or defense, or for
repelling a demand in law; to answer to an indictment; as,
to plead usury; to plead statute of limitations; to plead
not guilty. --Kent.
[1913 Webster]
3. To allege or adduce in proof, support, or vendication; to
offer in excuse; as, the law of nations may be pleaded in
favor of the rights of ambassadors. --Spenser.
[1913 Webster]
I will neither plead my age nor sickness, in excuse
of faults. --Dryden.
[1913 Webster]Plead \Plead\, v. t. [imp. & p. p. Pleaded (colloq. Pleador
Pled); p. pr. & vb. n. Pleading.] [OE. pleden, plaiden,
OF. plaidier, F. plaider, fr. LL. placitare, fr. placitum.
See Plea.]
1. To argue in support of a claim, or in defense against the
claim of another; to urge reasons for or against a thing;
to attempt to persuade one by argument or supplication; to
speak by way of persuasion; as, to plead for the life of a
criminal; to plead with a judge or with a father.
[1913 Webster]
O that one might plead for a man with God, as a man
pleadeth for his neighbor! --Job xvi. 21.
[1913 Webster]
2. (Law) To present an answer, by allegation of fact, to the
declaration of a plaintiff; to deny the plaintiff's
declaration and demand, or to allege facts which show that
ought not to recover in the suit; in a less strict sense,
to make an allegation of fact in a cause; to carry on the
allegations of the respective parties in a cause; to carry
on a suit or plea. --Blackstone. Burrill. Stephen.
[1913 Webster]
3. To contend; to struggle. [Obs.] --Chaucer.
[1913 Webster] |
Pleadable
(gcide) | Pleadable \Plead"a*ble\, a.
Capable of being pleaded; capable of being alleged in proof,
defense, or vindication; as, a right or privilege pleadable
at law. --Dryden.
[1913 Webster] |
Pleaded
(gcide) | Plead \Plead\, v. t. [imp. & p. p. Pleaded (colloq. Pleador
Pled); p. pr. & vb. n. Pleading.] [OE. pleden, plaiden,
OF. plaidier, F. plaider, fr. LL. placitare, fr. placitum.
See Plea.]
1. To argue in support of a claim, or in defense against the
claim of another; to urge reasons for or against a thing;
to attempt to persuade one by argument or supplication; to
speak by way of persuasion; as, to plead for the life of a
criminal; to plead with a judge or with a father.
[1913 Webster]
O that one might plead for a man with God, as a man
pleadeth for his neighbor! --Job xvi. 21.
[1913 Webster]
2. (Law) To present an answer, by allegation of fact, to the
declaration of a plaintiff; to deny the plaintiff's
declaration and demand, or to allege facts which show that
ought not to recover in the suit; in a less strict sense,
to make an allegation of fact in a cause; to carry on the
allegations of the respective parties in a cause; to carry
on a suit or plea. --Blackstone. Burrill. Stephen.
[1913 Webster]
3. To contend; to struggle. [Obs.] --Chaucer.
[1913 Webster] |
Pleader
(gcide) | Pleader \Plead"er\, n. [F. plaideur.]
1. One who pleads; one who argues for or against; an
advotate.
[1913 Webster]
So fair a pleader any cause may gain. --Dryden.
[1913 Webster]
2. (Law) One who draws up or forms pleas; the draughtsman of
pleas or pleadings in the widest sense; as, a special
pleader.
[1913 Webster] |
Pleading
(gcide) | Plead \Plead\, v. t. [imp. & p. p. Pleaded (colloq. Pleador
Pled); p. pr. & vb. n. Pleading.] [OE. pleden, plaiden,
OF. plaidier, F. plaider, fr. LL. placitare, fr. placitum.
See Plea.]
1. To argue in support of a claim, or in defense against the
claim of another; to urge reasons for or against a thing;
to attempt to persuade one by argument or supplication; to
speak by way of persuasion; as, to plead for the life of a
criminal; to plead with a judge or with a father.
[1913 Webster]
O that one might plead for a man with God, as a man
pleadeth for his neighbor! --Job xvi. 21.
[1913 Webster]
2. (Law) To present an answer, by allegation of fact, to the
declaration of a plaintiff; to deny the plaintiff's
declaration and demand, or to allege facts which show that
ought not to recover in the suit; in a less strict sense,
to make an allegation of fact in a cause; to carry on the
allegations of the respective parties in a cause; to carry
on a suit or plea. --Blackstone. Burrill. Stephen.
[1913 Webster]
3. To contend; to struggle. [Obs.] --Chaucer.
[1913 Webster]Pleading \Plead"ing\, n.
The act of advocating, defending, or supporting, a cause by
arguments.
[1913 Webster] |
Pleadingly
(gcide) | Pleadingly \Plead"ing*ly\, adv.
In a pleading manner.
[1913 Webster] |
Pleadings
(gcide) | Pleadings \Plead"ings\, n. pl. (Law)
The mutual pleas and replies of the plaintiff and defendant,
or written statements of the parties in support of their
claims, proceeding from the declaration of the plaintiff,
until issue is joined, and the question made to rest on some
single point. --Blackstone.
[1913 Webster] |
Replead
(gcide) | Replead \Re*plead"\ (r?-pl?d"), v. t. & i.
To plead again.
[1913 Webster] |
Repleader
(gcide) | Repleader \Re*plead"er\ (-?r), n. (Law)
A second pleading, or course of pleadings; also, the right of
pleading again.
[1913 Webster]
Whenever a repleader is granted, the pleadings must
begin de novo. --Blackstone.
[1913 Webster] |
Special pleader
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
[1913 Webster]
A special is called by the schools a "species". --I.
Watts.
[1913 Webster]
2. Particular; peculiar; different from others;
extraordinary; uncommon.
[1913 Webster]
Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
[1913 Webster]
To this special evil an improvement of style would
apply a special redress. --De Quincey.
[1913 Webster]
3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
[1913 Webster]
4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
[1913 Webster]
5. Chief in excellence. [Obs.]
[1913 Webster]
The king hath drawn
The special head of all the land together. --Shak.
[1913 Webster]
Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
[1913 Webster]
Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
[1913 Webster] |
Special pleading
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
[1913 Webster]
A special is called by the schools a "species". --I.
Watts.
[1913 Webster]
2. Particular; peculiar; different from others;
extraordinary; uncommon.
[1913 Webster]
Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
[1913 Webster]
To this special evil an improvement of style would
apply a special redress. --De Quincey.
[1913 Webster]
3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
[1913 Webster]
4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
[1913 Webster]
5. Chief in excellence. [Obs.]
[1913 Webster]
The king hath drawn
The special head of all the land together. --Shak.
[1913 Webster]
Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
[1913 Webster]
Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
[1913 Webster] |
Unpleadable
(gcide) | Unpleadable \Unpleadable\
See pleadable. |
Unpleaded
(gcide) | Unpleaded \Unpleaded\
See pleaded.Unpleaded \Un*plead"ed\, a.
1. Not used as a plea; not urged; as, an unpleaded excuse.
[1913 Webster]
2. Not supported by pleas; undefended; as, an unpleaded suit.
[1913 Webster] |
Uplead
(gcide) | Uplead \Up*lead"\, v. t.
To lead upward. [Obs.]
[1913 Webster] |
affirmative pleading
(wn) | affirmative pleading
n 1: any defensive pleading that affirms facts rather than
merely denying the facts alleged by the plaintiff |
alternative pleading
(wn) | alternative pleading
n 1: a pleading that alleges facts so separate that it is
difficult to determine which facts the person intends to
rely on [syn: alternative pleading, {pleading in the
alternative}] |
defective pleading
(wn) | defective pleading
n 1: any pleading that fails to conform in form or substance to
minimum standards of accuracy or sufficiency |
judgement on the pleadings
(wn) | judgement on the pleadings
n 1: a judgment rendered by the court prior to a verdict because
no material issue of fact exists and one party or the other
is entitled to a judgment as a matter of law [syn: {summary
judgment}, summary judgement, {judgment on the
pleadings}, judgement on the pleadings] |
judgment on the pleadings
(wn) | judgment on the pleadings
n 1: a judgment rendered by the court prior to a verdict because
no material issue of fact exists and one party or the other
is entitled to a judgment as a matter of law [syn: {summary
judgment}, summary judgement, {judgment on the
pleadings}, judgement on the pleadings] |
pleader
(wn) | pleader
n 1: a lawyer who pleads cases in court [syn: advocate,
counsel, counselor, counsellor, counselor-at-law,
pleader] |
pleading
(wn) | pleading
adj 1: begging [syn: beseeching, pleading, imploring]
[ant: imperative]
n 1: (law) a statement in legal and logical form stating
something on behalf of a party to a legal proceeding |
pleading in the alternative
(wn) | pleading in the alternative
n 1: a pleading that alleges facts so separate that it is
difficult to determine which facts the person intends to
rely on [syn: alternative pleading, {pleading in the
alternative}] |
pleadingly
(wn) | pleadingly
adv 1: in a beseeching manner; "`You must help me,' she said
imploringly" [syn: beseechingly, importunately,
imploringly, pleadingly, entreatingly] |
special pleading
(wn) | special pleading
n 1: an argument that ignores all unfavorable evidence
2: (law) a pleading that alleges new facts in avoidance of the
opposing allegations |
BEAU PLEADER
(bouvier) | BEAU PLEADER, Eng. law. Fair pleading. See Stultiloquium.
2. This is the name of a writ upon the statute of Marlbridge, 52 H.
III. c. 11, which enacts, that neither in the circuit of justices, nor in
counties, hundreds, or courts baron, any fines shall be taken for fair
pleading; namely, for not pleading fairly or aptly to the purpose. Upon this
statute this writ was ordained, directed to the sheriff, bailiff, or him who
shall demand the fine; and it is a prohibition or command not to do it. Now
Nat. Br. 596 2 Inst. 122; Termes de la Le 2 Reeves' Hist. Eng. Law, 70
Cowel; Crabb's Hist. of the Eng. Law, 150. The explanations given of this
term are not very satisfactory.
|
FAINT PLEADER
(bouvier) | FAINT PLEADER. A false, fraudulent, or collusory manner of pleading, to the
deception of a third person. 3 E. I., c. 19.
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FAIR PLEADER
(bouvier) | FAIR PLEADER. This is the name of a writ given, by the statute of
Marlebridge, 52 H. III., c. ii. Vide Beau Pleader.
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INTERPLEADER
(bouvier) | INTERPLEADER, practice. Interpleaders may be had at law and in equity.
2. An interpleader at law a proceeding in the action of detinue, by
which the defendant states the fact that the thing sued for is in his hands,
and that it is claimed by a third person, and that whether such person or
the plaintiff is entitled to it, is unknown to the defendant, and thereupon
the defendant prays, that a process of garnishment may be issued to compel
such third person, so claiming, to become defendant in his stead. 3 Reeves,
Hist. of the Eng. Law, ch. 23; Mitford, Eq. Pl. by Jeremy, 141; Story, Eq.
Jur. Sec. 800, 801, 802. Interpleader is allowed to avoid inconvenience; for
two parties claiming adversely to each other, cannot be entitled to the same
thing. Bro. Abr. Interpleader, 4. Hence the rule which requires the
defendant to allege that different parties demand the same thing. Id. pl.
22.
3. If two persons sue the same person in detinue for the thing, and
both action; are depending in the same court at the same time, the defendant
may plead that fact, produce the thing (e. g. a deed or charter in court,
and aver his readiness to deliver it to either as the court shall adjudge;
and thereupon pray that they may interplead. In such a case it has been
settled that the plaintiff whose writ bears the earliest teste has the right
to begin the interpleading, and the other will be compelled to answer. Bro.
Abr. Interpl. 2.
4. In equity, interpleaders are common. Vide Bill of Interpleader, and
8 Vin. Ab. 419; Doct. Pl. 247; 3 Bl. Com. 448; Com. Dig. Chancery, 3 T; 2
Story, Eq. Jur. Sec. 800.
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MISPLEADING
(bouvier) | MISPLEADING. Pleading incorrectly, or omitting anything in pleading which is
essential to the support or defence of an action, is so called.
2. Pleading not guilty to an action of debt, is an example of the
first; and when the plaintiff sets out a title not simply in a defective
manner, but sets out a defective title, is an example of the second. See 3
Salk. 365.
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PLEADING
(bouvier) | PLEADING, practice. The statement in a logical, and legal form, of the facts
which constitute the plaintiff's cause of action, or the defendant's ground
of defence; it is the formal mode of alleging that on the record, which
would be the support, or the defence of the party in evidence. 8 T. R. 159;
Dougl. 278; Com. Dig. Pleader, A; Bac. Abr. Pleas and Pleading; Cowp. 682-3.
Or in the language of Lord Coke, good pleading consists in good matter
pleaded in good form, in apt time, and due order. Co. Lit. 303. In a general
sense, it is that which either party to a suit at law alleges for himself in
a court, with respect to the subject-matter of the cause, and the mode in
which it is carried on, including the demand which is made by the plaintiff;
but in strictness, it is no more than setting forth those facts or arguments
which show the justice or legal sufficiency of the plaintiff's demand, and
the defendant's defence, without including the statement of the demand
itself, which is contained in the declaration or count. Bac. Abr. Pleas and
Pleading.
2. The science of pleading was designed only to render the facts of
each party's case plain and intelligible, and to bring the matter in dispute
between them to judgment. Steph. Pl. 1. It is, as has been well observed,
admirably calculated for analyzing a cause, and extracting, like the roots
of an equation, the true points in dispute; and referring them with all
imaginable simplicity, to the court and jury. 1 Hale's C. L. 301, n
3. The parts of pleading have been considered as arrangeable under two
heads; first, the regular, or those which occur, in the ordinary course of a
suit; and secondly, the irregular, or collateral, being those which are
occasioned by mistakes in the pleadings on either side.
4. The regular parts are, 1st. The declaration or count. 2d. The plea,
which is either to the jurisdiction of the court, or suspending the action,
a's in the case of a parol demurrer, or in abatement, or in bar of the
action, or in replevin, an avowry or cognizance. 3d. The replication, and,
in case of an evasive plea, a new assignment, or in replevin the plea in bar
to the avowry or cognizance. 4th. The rejoinder, or, in replevin, the
replication to the plea in bar. 5th. The sur-rejoinder, being in replevin,
the rejoinder. 6th. The rebutter. 7th. The sur-rebutter. Vin. Abr. Pleas and
Pleading, C; Bac. Abr. Pleas and Pleadings, A. 8th. Pleas puis darrein
continuance, when the matter of defence arises pending the suit.
6. The irregular or collateral parts of Pleading are stated to be, 1st.
Demurrers to any art of the pleadings above mentioned. 2dly. Demurrers to
evidence given at trials. 3dly. Bills of exceptions. 4thly. Pleas in scire
facias. And, 5thly. Pleas in error. Vin. Abr. Pleas and Pleadings, C.; Bouv.
Inst. Index, h.t.
PLEADING, SPECIAL. By special pleading is meant the allegation of special or
new matter, as distinguished from a direct denial of matter previously
alleged on the opposite side. Gould on Pl. c. 1, s. 18.
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PROCESS OF INTERPLEADER
(bouvier) | PROCESS OF INTERPLEADER, practice. Formerly when two parties concurred in a
bailment to a third person of things which were to be delivered to one of
them on the performance of a covenant or other thing, and the parties
brought several actions of detinue against the bailee, the latter might
plead the facts of the case and pray that the plaintiffs in the several
actions might interplead with each other; this was called process of
interpleader. 3 Reeves, Hist. Law, eh. 23; Mitford, Eq. Pl. by Jeremy, 141;
2 Story, Eq. Jur. Sec. 802.
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REPLEADER
(bouvier) | REPLEADER, practice. When an immaterial issue has been formed, the court
will order the parties to plead de novo, for the purpose of obtaining a
better issue this is called a repleader.
2. In such case, they must begin to replead at the first fault. If the
declaration, plea and replication be all bad, the parties must begin de
novo, if the plea and replication be both bad and a repleader is awarded, it
must be as to both; but if the declaration and plea be good, and the
replication only bad, the parties replead from the replication only.
3. In order to elucidate this point, it may be proper to give an
instance, where the court awarded a repleader for a fault in the plea, which
is the most ordinary cause of a repleader. An action was brought against
husband and wife, for a wrong done by the wife alone, before the marriage,
and both pleaded that they were not guilty of the wrong imputed to them,
which was held to be bad, because there was no wrong alleged to have been
committed by the husband, and therefore a repleader was awarded, and the
plea made that the wife only was not guilty. Cro. Jac. 5. See other
instances in: Hob. 113: 5 Taunt. 386.
4. The following rules as to repleaders were laid down in the case of
Staples v. Haydon, 2 Salk. 579. First. That at common law, a repleader was
allowed before trial, because a verdict did not cure an immaterial issue,
but now a repleader ought not to be allowed till after trial, in any case
when the fault of the issue might be helped by the verdict, or by the
statute of jeofails. Second. That if a repleader be allowed where it ought
not to be granted, or vice versa, it is error. Third. That the judgment of
repleader is general, quod partes replacitent, and the parties must begin at
the first fault, which occasioned the immaterial issue. Fourth. No costs are
allowed on either side. Fifth. That a repleader cannot be awarded after a
default at nisi prius; to which may be added, that in general a repleader
cannot be awarded after a demurrer or writ of error, without the consent of
the parties, but only after issue joined; where however, there is a bad bar,
and a bad replication, it is said that a repleader may be awarded upon a
demurrer; a repleader will not be awarded where the court can give judgment
on the whole record, and it is not grantable in favor of the person who made
the first fault in pleading. See Com. Dig. Pleader, R 18; Bac. Abr. Pleas,
M; 2 Saund. 319 b, n. 6; 2 Vent. 196; 2 Str. 847; 5 Taunt. 386; 8 Taunt.
413; 2 Saund. 20; 1 Chit. Pl. 632; Steph. pl. 119; Lawes, Civ. Pl. 175.
5. The difference between a repleader and a judgment non obstante
veredicto, is this; that when a plea is good in form, though not in fact, or
in other words, if it contain a defective title or ground of defence by
which it is apparent to the court, upon the defendant's own showing, that in
any way of putting it, he can have no merits, and the issue joined thereon
be found for him there, as the awarding of a repleader could not mend the
case, the court for the sake of the plaintiff will at once give judgment non
obstante veredicto; but where the defect is not so much in the title as in
the manner of stating it, and the issue joined thereon is immaterial, so
that the court know not for whom to give judgment, whether for the plaintiff
or defendant, there for their own sake they will award a repleader; a
judgment, therefore, non obstante veredicto, is always upon the merits, and
never granted but in a very clear case; a repleader is upon the form and
manner of pleading. Tidd's Pr. 813, 814; Com. Dig. Pleader, R 18 Bac. Abr.
Pleas, M; 18 Vin. Ab. 567; 2 Saund. 20; Doct. Plac. h.t.; Arch. Civ. Pl.
258; 1 Chit. Pl. 632; U. S. Dig. XII.
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SPECIAL PLEADER
(bouvier) | SPECIAL PLEADER, Eng. practice. A special pleader is a lawyer whose
professional occupation is to give verbal or written opinions upon
statements submitted to him, either in writing or verbally, and to draw
pleadings, civil or criminal, and such practical proceedings as may be out
of the general course. 2 Chit. Pr. 42.
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SPECIAL PLEADING
(bouvier) | SPECIAL PLEADING. The allegation of special or new matter, as distinguished
from a direct denial of matter previously alleged on the opposite side.
Gould on Pl. c. 1, s. 18; Co. Litt. 282; 3 Wheat. R. 246 Com. Dig. Pleader,
E 15.
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TO IMPLEAD
(bouvier) | TO IMPLEAD, practice. To sue or prosecute by due course of law. 9 Watts, 47.
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TO PLEAD
(bouvier) | TO PLEAD. The formal entry of the defendant's defence on the record. In a
popular sense, it signifies the argument in a cause, but it is not so used
by the profession. Steph. Pl. Appx. note I; Story, Eq. Pl. Sec. 5, note.
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