Page:Black's Law Dictionary (Second Edition).djvu/911

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PLAY—DEBT

Iowa, 510; Burke v. Mccowen, 115 Cal. 481, 47 Pac. 367.

PLAY—DEBT. Deht contracted by gaining.

PLAZA. A Spanish word, meaning a

public square in a city or town. Sacha V.

Touanda, 1'9 Ill. App. 441.

PLEA. In old English law. A suit or action. Thus, the power to "hold plans" is the power to take cognizance of actions or suits; so “common pleas" are actions or suits between private persons. And this meaning of the word still appears in the modern declarations, where it is stated. a. g.. that the defendant "lltls been siiminoned to answer the plaintiff in £1 plea of debt."

In common-law practice. A pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the diefendant. In the strictest sense, the answer which the defendant in nn action at law makes to the pialnti£f's declaration, and in which he sets up matter of fact as defense. thus distinguished from £1 demurrer, which iuterpnses objections on grounds at law.

In equity. A spmiai answer showing or relying upon one or more things as a cause why the suit should be either dismissed or delayed or harred. Mitt. Eq. Pl. 219; Coop. Eq. P1. 2%.

A_ short statement, in response to a hill in equity, of facts which, if inserted in the bill, woulil render it ds-niurrnlile: viiiilc an answer is a complete statemcnt of the defendant's case, and contains answers to any ll]t(‘l'l'O,‘!'ltOl'iE5 the plainlifi may have administered. Hunt, Eq. pt 1. c 3.

—Aflll'mntive plea. One which sets u a single fact. not appearing in the hill. nr sets up a numher of circumstances nil tending to rstribl'i,<h a sinizie fact, which fart, if existing. rh-strays the complainant's case. Potts v. Potts (N. J. “h.) 42 !\tl_ ]l'l.'i5_—Anon|alons plea. One which is ]'i!|l‘[iV nllinnativo and partly neg- ative Baldwin v. Elizabeth. fl N. J. Eq. 1 , 6 At]. 275: Potts v. Potts f\', J. Ch.1 42 Atl. 10 —Bad plea. One which is unsound or insufficicnt in form or snlistance, or which does not iechnirally answer or correspond uith the pleading u hich prcceded it in the nction.—Gom- man pleas. Common causes or suits; civil actions hrouizht and prosccutcd between suh- jects or citizens, as distinguished from pleas of the crown or criminal CaSPS.-—COII]‘.|te1‘- plea. A plea to some matter incidental to the main ohiect of the siilt, and out of the direct line of pleadings. In the more ancient system of pleading, counter-plea was applied to what wa in effect, a replication to aid prayer, (q. v . that is, where a tenant for if

. le or o

limited interest in land, having an action hroiight against him in respect to the title to such land, prayed in aid of the lord or reversioner for his better defense. that which the de- innndant alleged against either request wns called a “cniinter-pies." CnWell.—Dila.|:ax'y plans. Ses DlLATORY.—Danble plea. (‘me having the technical fault of duplicity; one consisling of several distinct and independent matters alleged to the same point and requiring different answe1s.—Fnlse plea. A sham plea. See infra. And see People v. McConn-

903

PLEA

ber. 18 N. Y. 321. 72 Am. Dec. 515: Pierson r. Evans. 1 Wt-nd. (N. 1'.) 30 —1‘m-eig-n plen. A plea objecting to the jurisdiction of. I Judge on the ground that he had not cognizance o Lhe suhjecunatter of the suit, Cowell.—Negntive plea. One which does not undeita_ke to answer the various allegations of the hill. but specifically denies some particular fact or matter the existence of which lS essential to entitie the complainant to any relief. Sce Potts v. Potts (N J. Ch.) -12 All. 105(i.—Peremptnry pleas. " 'eas in bar" are so termed in contrndistinction to that class of pleas culled "dil- atory pleas." The former, viz., peremptory pleas, are usually pleaded to the merits of the action, with c View of mlsin,-z a material issue between the parties; while the latter class, viz., dilatory pleas, are gcnerally pleaded with a view of retarding the plaintiffs procccdings, and not for the purpose of mising an issue upon which the parties may go to trial and settle the point in dispute Pereinptory pleas are also called “pleas in bar," while dil- atnry plans are said to be in abatement only. Bron/n.—Plea in abatement. In practice. A plea which goes to abate the plaintiff's netion; that is, to suspend or put it ofi for the present. 3 Bl. Comm. 301; Hurst v. Everett (C. C) 21 Fcd. ""1: “"ilsnn v. Winchester & P. R. Co. (C. . 82 Fed. 18; lliiddlehrook v. Amos. 5 Stew. & P. (Aln.) 16($.—Plen in bar. In practice. A plea which goes to bar the plaintill's action: that is, to defeat it ahsnlutely and entirely. 1 Biirrill, Pr. 102; 3 BL Comm.

3: Rawson v. Knight, 1'1 Me. 102; Norton v. “'inter. 1 Or. 48. ($2 Am. Dec. 291'; “'ilson v. Knox Cm-ntv. 13 Mo. 381'. 34 s W. 3.- Plea in discharge. One w ch admits that the plaintiff had a cause of action, but shows that it was discharged by some subsequent or collateral matter, as, payment or accord and satisfaction. Niclinls v. Cecil, 106 Tenn. 455, 61 S. ‘V. 7GS.—Plea in reconvention. In the civil law. A plea which sets up new matter, not in defense to the action, but by way of cross-complaint, set-olf, or count:-rclaim.— Plea of release. One which admits the cause of action, but sets forth a release subsequently ere!-uted by the party authorized to release the claim. Lanrlis v_ Morrissey, 09 Cal. 8%, 10 Pan. 2:')S.—Plea. side. The plea side of a court is that branch or department of the court which entertains or takcs cognizance of (‘l\'i1 actions and suits, as distinguished from its criminal or crown departmpnt. Thus the court of king’: bcnch Ls said to have a plea side and a crown or criminal side; the one hriincli or department of it lining devoted to the coguiunco of civil actions, the other to criminal proceedings and matters peculiarly concerning the crown. So the court of exchequr-r is said to have a pica side and a crown side; the one lieini: appropriated to civil actions, the other to matters of l‘l"V(‘l1|'iE. Brou n.—Ploas of the crown. In English law A phrase now emplcycd to signify criminal causes. in which the king is a party. l<"nrmerl_i- it signified roval causes for nfienses of a greater mas ilude than mere inisdeinennnrs.—PleaI roll. In English practice. A record upon which are entered all the pleadings in a cause in their re_:alar ordnr, and the issue.—Piu-e plea. in equity pleading. One which relies wholly on some matter outside those referred to in the hill; as a plea of a release on a settled accollnt.—S1inm plea. A false plea: a plea of false or fictitious matter, subtlv drawn so an to entrop an opponent, or create dclay. 3 Chit. Pr. T29. 730. A vexatious or false defense, resorted to under the old system of pleading for piuposes -ovf dclay and annoyance. Steph. Pl. 3&3. Mr. Chitty delincs sham pleas to be pleas so palpahly and manifestly untrue that the court will assume them to be so; pleas manifestly ahsurd. When answers or

defenses admit of lauyeniike argument, such