Special Pleading - Law Dictionary Search Results

Special pleading

Matched in: Term Special pleading

Special traverse

Matched in: Term Special traverse

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are 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 … 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

Averment

bankruptcy under the repealed 6 Geo. 4, c. 16. Verifications or averments were of two kinds: common and special. Common were applied to ordinary cases, and were in the following form:- 'And this the plaintiff (or defendant) … Averment [fr. verificatio, Lat.], an advancement or affirmation of any matter in a pleading, and when new matter was introduced the pleading con-cluded with a verification except in the anomalous case of

Special damage

Matched in: Term Special damage

Defence

DEFENCE DEMURRER. In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. … either confesses the charge by saying 'Guilty,' or words equivalent thereto, stands mute, does not answer directly, or pleads to the jurisdiction, or demurs, or pleads specially in bar, or generally, that he is not guilty. The

Express colour

Express colour, in pleading. an evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the (English) Common Law

damage

for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable … entry NOTE: Because special damages do not arise in every case, they must be specifically requested in the pleadings. This is an issue of particular importance in cases of harm to reputation, such as slander, libel, and

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Special Pleading - Law Dictionary Search Results