Page:Black's Law Dictionary (Second Edition).djvu/912

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


as courts should listen to, they are not "sham." in the sense of the statute. ‘Vixen it needs argument to prove that an answer or demurrer is frivolous. it is not frivolous, and should not

stricken (:5. To warrant this summary mode of disposing of a defense, the more reading of the pleadings should he sutlicient to disclose, iilthout deliberation and without a doubt. that the defense is sham or irrelevant. Cottrill v. Cranici‘. -‘:10 “is. 559.—SpeciaI plea. A special kind of plea in hair, distinguished by this name from the general issue, and consisting usually of some new afliirmative matter. though it may also he in the form of a traverse or de- niaL See Stcph. P1. 52, 16"" Ailen v. New llaien & N. L'o., 49 Conn. 24.) Special plea. in 1111‘. One which adiaiices new matter. it differs from the general. in tiii that the latter denies some material allegation, but never advances new matter. Gouid. Pi. c. 2, § 38.

PLEAD. To malre, deliver, or file any

pleading; to conduct the pleadings in a cause. To lnterpose any pleading in a suit

which contains allegations of fact; in this sense the word is the antithesis of “deniui-." More particularly. to deliver in a formal iiiiinner the's answer to the plaintiEt‘s declaration, or to the indictment, as the case, may he.

To appear as a pleader or advocate in a cause: to argue a cause in a court of justice. But this meaning of the word is not technical, but colloquial.

—Plead a statute. Pleading a statute is stirring the facts which hring the case within it; and “connting" on it. in the strict language of pleading. is making express reference to it by apt terms to show the source of right relied on. i\IcCiillough v. Colfax County. 4 Neh. (ITnof.) 543. 95 N. W. 3l.—P1eml issuably. This lJJl3‘i.DS t_o inter-pose_such a plea as is cal- culated to raise a material issue, either of law or of f:ict.—Plead over-. To pass over. or omit to notice. a material allegation in the last pleading of the opposite party; to pass by a defect in the pleading of the other party without taking nilvnntage of it. In another sense, to plead the general issue. after one has interposrvd a demurrer or special len nlrich has liern dismissed by a judgment o rrwpoiidcat ouster. —P1ead to the merits. This is a phrase of long sranding and accepted usage in the law, and distiiiguishes those pleas which answer the cause of irction and on winch a trial may lie had from all pleas of a ditferent character. Iiahn v. Gunnison, 12 “'is. E19.

PLEADED. Alleged or nverred. In form, in a judicial proceeding.

It more often refers to matter of defense, but not i11Val‘]tli.1l\'. To say that matter in a declaration or replication is not well pleaded would not be deemed erroneous. Abbott.

PLEADER. A person whose business it is to draw pleadings. ii‘ornicrly, when pleading at common law was a highly technical and dlilicult art, there was a class of men known as "special pleaders not at the bar," who held a position intermediate between counsel and attorneys. The clnss is now al- most extinct, and the term “pieadei-s" is generally applied. in Englnnd.tojnnior members of the common-law bar. Sweet. —Specla1 pleader. In English practice. A person whose professional occupation is to give



verbal or written opinions upon state made verbally or in writing, and to pleadinz-:s. civil or criminal. .ind such prnc

PLEADING. The peculiar science system of rules and principles, estab in the common law, according to which pleadings or responsive allegations of gating parties are framed, with a vifl preserve technical propriety and to pm a prnper issue.

The process performed by the parties a suit or action. in alternately pr-ese written statements of their contention, responsive to that which piece-iris, and eseiving to narrow the field or cuiitrov until there evolves a single point. atiirincd one side and denied on the other. culled “issue," upon which they then go to trial

The act or step of interposing any one the pleadings in a cause, but particii one on the part of the defendant; and. in strictest sense. one which sets up iillega of I'act in defense to the action.

The name “a pleading" is also giien t‘ any one of the formal written stateni-ants accusation or defense presented by the pa ties alternately in an action at law; 111: If gregrrte of such statements tiled in an: ad cause are termed “the pleadings."

The oral advocacy of a client's mum in court, by his barrister or counsel. is s-rim‘? times called “pleading :" but this is a popu- lar. rather than technical. use.

In clinncery practice. Consists in making the formal written allegations oi- stir.- ments of the respective pal ties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fit-t. they propose to offer proofs, and in matters of law to offer argiiriients to the court. Story. Eq. Pl. 5 4, note.

—Double pleading. This is not allowe either in the declaration or subsequent pica . Its meaning with respect to the former is t the declaration must not, in support of a single demand, rrlleire several distinct matters. any one of which that demand is suifieiently supported. “'ith respect to the siihseqixut pleadings, the meaning is that none of them 3 to (‘Or|l'liD several distinct answers to that which preceded it; and the reason of the ride in each ciise is that such pleading tends to several issues in respect of a single claim. Winn tou.—Special pleading. When the alts!- tions (or “pleadin,-:s." as ther are called) of Ibo contending parties in an action are not of I30 general or ordinary form, but are of in ‘into complex or special character, they are (lELCflIi' nated “special pleadings:" and, when a defeati- ant pleads a plea of this description. (5. 5- A special plea.) he is said to plead spcciolly. in nppnsition to pleading the gene-i:1l issue

terms have given rise to the popular denomination of that science which. lliou::h pro called “pieading." is generally known by the name of "special pleading." Brown. The iii- lcgation of special or new matter in nppostlioii or explanation of the last previous iucrmgnts on the other side, as distinguished from a diibat denial of Iiiatler preiiously alleged by the 013- I

posite party. Gould. PL c. 1, § 18. In popular