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Color

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

An appearance, semblanee, or simulacrwm, as distinguished from that which is real. A prima facie or apparent right, assumed exterior, concealing a lack of real. ity; a disguise or pretext. In pleading. Ground of action admitted to subsist in the opposite party by the pleading of one of the parties toan action, which is so set out as to be apparently valid, but which is in reality legally insufticient. This was a term of the ancient rhetoricians, and early adepted into the language of pleading. It was an apparent or prima Jaeteright; and the meaning of the rule that pleadings in confession and uvoidanes should give color was that they should confess the matter adversely alleged, to such an extent, at least, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter. Color was either express, é. @., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading.

Steph. Pl, 233.

The word also means the dark color of the skin showing the presence of negro blood; and henee it is equivalent to African descent or parentage.