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Mispleading

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

The omission, in pleading, of any thing essential to the action or defence; as if a plaintiS does not merely set forth his title in a defective manner, hut sets forth a title wholly defective in itself. The word was especially applied to such an error in pleading as could not he cured hy verdict.

Mozley Sr W

Mispleading is pleading amiss, or pleading wrongly. The word comprehends misdeclaring, whether the error is in separate counts, or in the misjoining of counts.

Lovett V. Pell, 22 Wend. 369, 376.