Special Pleading - Law Dictionary Search Results
Home Dictionary Name: special pleadingSpecial pleading
Special pleading, the science of pleading. It is a forensic invention, due to the dialectic genius of the Middle Ages, but nearly destroyed by modern innovation. See Steph. On Plead.; Bullen and Leake's Prec. of Pleadings; and Chitty's Precedents. See PLEADING....
Special defence
Special defence, in a county Court. A defendant must give notice to the plaintiff when he intends to rely on a defence of set-off or counterclaim, infancy, coverture, statute of limitations, bankruptcy, or equitable defence. for example, he must specially plead the Statute of Frauds, and if he fails to do so in one action he may be estopped from doing so in a subsequent action, Humphries v. Humphries, (1910) 2 KB 531....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Special damage
Special damage, such a loss as the law will not presume to be the consequence of the defendant's act, but which depends in part at least on the special circumstances of the case. It must therefore be explicitly claimed on the pleadings, and at the trial it must be proved by evidence both that the loss was incurred and that it was the direct result of the defendant's conduct. a mere expectation or apprehension of loss is not sufficient (Odgers on Pleading)....
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 Procedure Act, 1852 (15 & 16 Vict. c. 76), s. 64....
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
special appearance
special appearance : an appearance by a party in court for the sole purpose of challenging the court's assertion of personal jurisdiction over the party compare general appearance NOTE: Under the Federal Rules of Civil Procedure and the rules of states that have adopted it, the use of a special appearance to challenge jurisdiction has been abolished, and jurisdiction may be challenged in the pleadings or in a pretrial motion. ...
Special pleaders
Special pleaders, members of an inn of Court who devote themselves mainly to the drawing of pleadings, and to attending at judge's chambers. If not called to the Bar, as was in former times (when many special pleaders practised as such prior to being called to the Bar) frequently the case, they take out annual certificates on which a duty of 9l. is payable, under s. 44 and Schedule of the (English) Stamp Act, 1891, re-enacting similar provisions of the repealed Stamp Act, 1870. They are exempt while in practice from jury service, by the Juries Act, 1870, and see (English) Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), ss. 47 to 49....
Confession and avoidance, plea of
Confession and avoidance, plea of, a plea in bar, admitting the facts alleged in the declaration to be true, but showing some new facts, tending to obviate their legal effect. All matters in confession and avoidance had before the Judicature Acts to be specially pleaded (Reg. Gen. H.T. 1853, r. 8), and must be so still under the present system of pleading. See STATEMENT OF DEFENCE; CIR-CUITY OF ACTION....
Paper Book
Paper Book, the issues in law, etc., upon special pleadings, formerly made up by the clerk of the papers, who was an officer for that purpose, but latterly by the plaintiff's attorney or agent. See Jac. Law Dict.; 3 Bl. Com. 317.Any party who enters an action for trial must deliver to the officer of the court two copies of the whole of the pleadings, one for the use of the judge at the trial [(English) R.S.C. 1883, Ord. XXXVI., r. 30]....
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