Dilatory Pleas - Law Dictionary Search Results
Home Dictionary Name: dilatory pleasDilatory 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 ...
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...
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...
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