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Pleading - Law Dictionary Search Results

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motion

own or at the request of a party "J. H. Friedenthal et al."] motion for judgment on the pleadings : a motion made after pleadings have been entered that requests the court to issue a judgment at

Respondeat ouster

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

Retainer

accepted by him. Rules 20 and 21 are shortly as follows. By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must

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Instanter

Instanter, immediately; at once. Trial instanter was had where a prisoner between attainder and execution pleaded that he was not the same who was attainted. When a party is ordered to plead instanter he

Surrejoinder

Surrejoinder, an answer to a rejoinder; a pleading by the defendant. See now PLEADING and REJOINDER

Suicide and euthanasia

between suicide and euthanasia, though it may be that if suicide is held to be legal, the persons pleading for legal acceptance of passive euthanasia would have a winning point. However, for the present case it is

Variance

Variance, difference between the statements in a pleading and the evidence adduced in proof thereof. See Stephen on Pleading. The Courts are now very liberal in

Verification

Verification, the proper form of concluding (under the old system of pleading) any pleading after the declaration alleging new matter. It was made in the words, 'And this he is

Surrebutter

Surrebutter. This was the last pleading bearing a name at Common Law; a plaintiff's answer to a defendant's rebutter. See now PLEADING and REJOINDER.

Close of pleadings

Close of pleadings. In a civil action 'as soon as either party has joined issue upon any pleading of the opposite

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