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pleader
(encz) | pleader,obhájce n: Zdeněk Brož |
Pleader
(gcide) | Pleader \Plead"er\, n. [F. plaideur.]
1. One who pleads; one who argues for or against; an
advotate.
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So fair a pleader any cause may gain. --Dryden.
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2. (Law) One who draws up or forms pleas; the draughtsman of
pleas or pleadings in the widest sense; as, a special
pleader.
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pleader
(wn) | pleader
n 1: a lawyer who pleads cases in court [syn: advocate,
counsel, counselor, counsellor, counselor-at-law,
pleader] |
| | podobné slovo | definícia |
Impleader
(gcide) | Impleader \Im*plead"er\, n. (Law)
One who prosecutes or sues another.
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Interpleader
(gcide) | Interpleader \In`ter*plead"er\, n.
1. One who interpleads.
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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.
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Pleader
(gcide) | Pleader \Plead"er\, n. [F. plaideur.]
1. One who pleads; one who argues for or against; an
advotate.
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So fair a pleader any cause may gain. --Dryden.
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2. (Law) One who draws up or forms pleas; the draughtsman of
pleas or pleadings in the widest sense; as, a special
pleader.
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Repleader
(gcide) | Repleader \Re*plead"er\ (-?r), n. (Law)
A second pleading, or course of pleadings; also, the right of
pleading again.
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Whenever a repleader is granted, the pleadings must
begin de novo. --Blackstone.
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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.
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A special is called by the schools a "species". --I.
Watts.
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2. Particular; peculiar; different from others;
extraordinary; uncommon.
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Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
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To this special evil an improvement of style would
apply a special redress. --De Quincey.
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3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
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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.
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5. Chief in excellence. [Obs.]
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The king hath drawn
The special head of all the land together. --Shak.
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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.).
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Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
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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.
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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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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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