Imparlance

s Opportunity for a conference.

1.

An indulgence granted a defendant to defer pleading to the action until a subsequent term.

Trapnall, 10 How. 190 (1850); Hawthorne v. Calef, 2 Wall. 23 (1864); Gunn v. Barry, 15 id. 623 (1872); Walker V. Whitehead, 16 id. 318 (1872); Antoni v. Greenhow, l Or U. S. 774, 778 (1882); 101 id. 339. 'Koshkonong v. Burton, 104 U. S. 675 (1881), cases; Gilfi Uan v. Union Canal Go., 109 id. 401 (1883); Mitchell V. Clark, 110 id. 642 (1883).

2 Penniman's Case, 103 U. S. 717, 720 (1E80), cg.ses. ' gee also Kring v. Missouri, 107 U. S. 233 (1882), cases; Civil Rights Cases, 109 id.

12 (1883); Louisville, &c.

R. Co. v. Palmes, ib.

256 (1883); Louisiana u.

Mayor of New Orleans, tb.

285 (1883); Nelson v. St. Martin's Parish, 110 id.

720 (1884); Parker v. Buckner, 67 Tex. 2S (1886); 25 Am. Law Reg. 81-97 (1886), cases; 2 Story, Const. §§ 1368-91. • New Orleans Water-works Co. v. Louisiana Sugar (3o., 125 U. S. 18,. 30, 38 (1888), oases, Gray, J.; Kreiger Before the defendant puts in his defense he is entitled to demand one imparlance, or licentia loquendi, to see if he can end the matter amicably without further suit, by talking with the plaintiff; a practice supposed to have arisen in obedience to the precept " Agree with thine adversary quickly, whilst thou art in the way," Matt. v. 26. The Roman law of the Twelve Tables likewise directed the parties to make up the matter while going to the prsetor.' General imparlance. That just definedj and grantable of course.

Special imparlance

Saved all exceptions to the writ or count, and was granted by the prothonotary.

More special imparlance

Saved all exceptions whatsoever, and granted at the discretion of the court. 2 Imparlances are no longer recognized in this country, where, after appearance by the defendant, the cause stands continued until the end of the time within which the plea is to be filed.

See Coktinuance.

2.

Stay of execution. '