Plead
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
To deliver defendant's response, in due form of law, to the suit, action, or prosecution. Plea and to plead are generally used of defences only; other inflections of the word embrace the plaintifi's formal statements. Bui Till's explanation of the different extensions in which to plead is used is excellent, as follows: Originally and radically, to litigate, to carry on a sisted in the allegations of the respective parties. In a still stricter sense, to make an allegation of fact in a cause. In the strictest sense, to make that allegation of fact, on the part of a defendant, which follows and is opposed to the plaintiff's declaration.
Plead issuably
This means, to interpose such a plea as is calculated to raise a material issue, either of law or of fact. The defendant in an action is entitled, as a matter of right, to a certain number of days to plead. If he seeks to obtain further time, it is granted to him only by way of indulgence; and the coui-t in so doing usually annexes to its order the condition that the defendant shall plead issuably; that is, that he shall plead a fair and honajide plea, as distinguished from one which is calculated only to embarrass the defendant and to retard the progress of the action. The condition so annexed is, in effect, " an agreement by the defendant to speed the cause to its conclusion, and bring it to an issue upon the substantial merits of law or fact, without regard to any formal inaccuracies in the plaintiff's statement."
Barker v. Gleadon, 5 Dowl. 136.
Plead over
The expression to plead over is used in two senses. It sometimes means to pass over, or. omit to take notice of, a material allegation in the declaration. Where a party pleads without taking advantage, by demurrer or otherwise, of a defect in his adversary's pleading, he is said to plead over it. Also, where a defendant, having demurred or specially pleaded, has judgment given against him on such demurrer or special plea, and proceeds to plead the general issue, he is said to plead over. The decision of the court overruling a demurrer or special plea often reserves, in terms, a right to plead over.