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Pleading - Law Dictionary Search Results

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Practice

Supreme Court, and the Annual Practice. And see the titles of the various proceedings in an action; e.g., PLEADING, SUMMONS, etc. As to the practice of the County Courts, see the (English) County Court Act of 1934

Protestando

Protestando, a word made use of to avoid double pleading in actions; it prevented the party that made it from being concluded, by the plea he was about

Puis darrein continuance, plea of

Puis darrein continuance, plea of. In olden times, when the pleadings were each entered separately on the record, every entry after the first was called a continuance. When the

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Quadruplicatio

Quadruplicatio [Lat.], a surrebutter, Civ. Law. See Colquhoun's Rom. Civ. Law, s. 2267. It means a defendant's pleading, following the triplication and similar to the rebutter at common law; the third defensive pleading. Also termed quadruplication,

Qu' est eadem

eadem. It was equivalent to a traverse of the time and place named in the declaration, 1 Chit. Pleading, 581. It means which is the same. This phrase was used by a defendant in a trespass action

Amendment

Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and

issue

issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue

nihil dicit

nihil dicit [Latin, he says nothing] 1 : refusal or neglect by a defendant to plead or answer 2 : a judgment rendered against a defendant who refuses or neglects to plead or answer

Abbreviatio placitorum

Abbreviatio placitorum is an abstract of ancient pleadings prior to the Year Books. Stephen on Pleadings, 7th Edn., p. 410.

Directions, summons for

Directions, summons for, one general summons with respect to pleadings, discovery, and other matters previous to trial first authorized by R. S. C. 1883, Ord. XXX., for the

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