Pleading - Law Dictionary Search Results
Copyhold
warranted by the common law, and of which the courts of law take judicial notice, without being specially pleaded; and (2) Particular, which prevail in some manors only, and which must be specially pleaded. They are construed
Non assumpsit
7th ed. 154, 160. See, too, as to the effect of the plea, Bullen and Leake's Prec. of Pleadings.
Civil Law
(3) Jus Civile Flavianum, and its subsequent edition, Jus Civile 'lianum. This collection consists of the forms of pleadings, called Actiones Juris, adopted in all proceedings and acts of Court. it was complied about 440 A.U.C. or
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Particulars
the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs
Onerari non debet
Onerari non debet (he ought not to be burdened), a form of commencement of a pleading, substituted in some few cases for actionem non. But see 1 Saund. 290, n. b.
Ouster
case of co-owner. They are (i) declaration of hostile animus (ii) long and uninterrupted possession of the person pleading ouster and (iii) exercise of right of exclusive ownership openly and to the knowledge of other co-owners, Vidya
Paragraph
Paragraph, a part or section of a statute, pleading, affidavit, etc., which contains one article, the sense of which is complete. Modern deeds and wills are frequently
Plaint
common right, to administer justice therein without a special mandate from the Crown. Plaint, includes a written statement pleading, a set off or counter-claim. [The Gujarat Court-fees Act, 2004, s. 2(c)] Means the statement in writing of
Payment of Money into Court
No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery
Peremptory Rule
instance. This was abolished by (English) C.L.P. Act, 1852, s. 53, and a four-day notice substituted. See now PLEADING; STATEMENT OF DEFENCE.
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