Dilatory Plea - Law Dictionary Search Results
Home Dictionary Name: dilatory pleaDilatory pleas
Dilatory pleas, a class of defence founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction, showing that, by reason of some matter therein stated ,the case was not within the jurisdiction of the Court, or pleas in suspension, showing some matter of temporary incapacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. These pleas must have been verified by affidavit or otherwise, and pleaded within four days from delivery of declaration, 4 Anne, c. 16. Pleas in Abatement are now abolished. See ABATEMENT....
dilatory plea
dilatory plea see plea ...
Plea
Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action.Pleas were divided into common pleas, relating to civil causes, and pleas of the Crown, relating to criminal prosecutions.At Common Law pleas were divided into:(1) Dilatory; which were subdivided into:(a) To the jurisdiction of the Court.(b) In suspension of the action,(c) In abatement of the writ or declaration, and:(2) Peremptory, i.e., in bar of the action.The distinction between these two classes of pleas was that the dilatory showed some ground for quashing the declaration, the peremptory for defeating the action. Consult Bullen and Leake, or Odgers on Pleading, and Ch. Arch. Practice.In equity, a plea was resorted to by a defendant when an objection was not apparent on the bill itself, or, as the technical phrase was, where it arose from matter dehors the bill, other matter being dealt with by 'Answer' (see that title).A defendant now raises his defence...
Respondeat ouster
Respondeat ouster (let him answer over). If a demurrer is joined in a plea to the jurisdiction, person, or writ, etc., and it be judged that the defendant put in a more substantial plea, interlocutory judgment is given that he shall answer. Also, if a prisoner fail upon a plea in bar, he has judgment of respondent ouster, and may plead over to the offence the general issue, not guilty, Steph. Com., 7th ed., iii. 569; iv. 405.(let him make further answer) -- A judgment or order that a party who made a dilatory plea that has been denied must now plead on merits, Black's Law Dictionary, 7th Edn., p. 1313.Means 'let him make further answer'. A judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits, Black's Law Dictionary, 7th Edn., p. 1313....
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
Dilatoriness
The quality of being dilatory lateness slowness tardiness sluggishness...
Dilatory
Inclined to defer or put off what ought to be done at once given the procrastination delaying procrastinating loitering as a dilatory servant...
plea
plea [Anglo-French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a : an allegation of fact in civil litigation made in response to a claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without involving any decision on the merits of the case plea in abatement : a plea entered by a party seeking postponement or dismissal of an action by setting forth some matter or defect regarding procedure, jurisdiction, or timing called also plea of abatement plea ...
Petition
Petition, a supplication made by an inferior to a superior, having jurisdiction to grant redress.The subject has a right to petition the sovereign, or the two Houses of Parliament, and all commit-ments and prosecutions for such petitioning are declared by the Bill of Rights (see BILL OF RIGHTS) to be illegal.But by 13 Car. 2, st. 1, c. 5, prior in date to the Bill of Rights, it was enacted that not more than twenty names should be signed to a petition to the Crown or either House of Parliament for alteration of matters in Church or State, without the previous approval of the contents by three justices or the majority of a grand jury, and further, that no petition should be presented by a company of more than ten persons.There are several regulations respecting petitions to Parliament, which, if neglected in any one parti-cular, will prevent their reception. For instance, signatures or marks must be original, not copies nor signatures of agents on behalf of others; no chairman of a publ...
Petition de droit (Petition of Right UK)
Petition de droit (Petition of Right UK), one of the Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, or compensation in damages for breach of contract, the Crown not being liable to an ordinary action at the suit of a subject. It is said to owe its origin of Edward I.By the (UK) Petition of Right Act, 1860 (23 & 24 Vict. c. 34) (commonly called Bovill's Act), the procedure on a petition of right is assimilated as far as practic-able to the course of an ordinary action. The fiat of the sovereign 'that right be done' is, however, a necessary preliminary step; this is obtained by leaving the petition with the Home Secretary. A judgment that the suppliant is entitled to the whole or some portion of the relief sought by his petition, or to such other relief as the Court may think right, has the same effect as a judgment of amoveas manus. Costs are made payable both to and by the Crown, and nothing in the Act is to prevent any sup...
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