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Replication

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Plaintiff's answer to defendant's plea or answer.^ Reply. To respond to a plea or an answer. At law, the replication denies the allegation in the plea, alleges new matter in contradiction of it, or confesses and avoids it.^ In equity, it puts In issue all matters well alleged in the answer. If none is filed, the ans-n-er will be taken as true, and no evidence be received to contradict anything so alleged.' A general replication denies every allegation in the answer not responsive to the bill.** Replication de injuria. Replication of the wrong: denial of a matter of excuse in an action of tort. ' Spencer v. Bidwell, 49 Com. 63 (1881), Granger, J. See also 81* Pa. 438. "Lamping v. Keenan, 9 Col. 393 (1886), cases. Beck, Chief Justice. ' See as to value Washington Ice Co. v. Webster, 125 U. S. 426-47 (1888), cases. < [3 Bl. Com. 129; 32 Me. 560; 34 id. 136. fi [3 Bl. Com. 309. » 3 Bl. Com. 309-10, 448. ' Brown v. Pierce, 7 Wall. 212 (1868), cases. Puts in issue the material averments of the plea; throws on the defendant the burden of proving as much of the plea as constitutes a defense to the action. Numerous decisions hold that it is good only where j the plea sets up matter of excuse, and not matter of justification.' See Traverse. See Answer, 3; Departure, 3.