Plea

in practice, is the defendant’s answer by matter of fact, to the plaintiff’s declaration. It is distinguished from a demurrer which opposes matter of law to the declaration.

Steph. Pl. 62.

Pleas are divided into pleas dilatory and peremptory; and this is the most general division to which they are subject. Subordinate to this is another division; they are either to the jurisdiction of the court, in suspension of the action; in abatement of the writ; or, in bar of the action. The first three of which belong to the dilatory class, the last is e ie peremptory kind.

Steph. Pi. ‘ 6. 1 Chit. Pl. 425; Lawes, PI.

The law has prescribed and set- Ist. To the jurisdiction of the court.

2dly.

To the disability, &c. of the person; Ist, of the plaintiff; 2dly, of the defendant. Sdly. To the count or declaration. 4thly, To the writ; Ist. To the form of the writ; first, Matter apparent on the face of it; secondly, Matter dehors.

2dly.

To the action of the writ. Sthly. To the action itself in bar. This is said to be the natural order of pleading, because each subsequent plea admits that ther 1s no foundation forthe former. Such is the Engliah law, 1 Ch. Plead. 425. The rule is different with regard to the plea of jurisdiction in the courts of the United States and those of Pennsylvania.

1 Binn.138; Ib. 219; 2 Dall. 368; 3 Dall. 19; 10 Serg. & Rawle, 229.. 2.

Plea, in its ancient sense, means suit or action, and it is sometimes still used in that sense; for example, A B was summoned to answer C D of a plea that he render,, &c.

Steph. Pi. 38, 39,n.(9); Warr. Law Studies, 272, note Me 3.

This variable word, to plead, has still another and more popular use, importing forensic argument in a cause, but it is not soemployed by the profession.

Steph. Pl. App. note (1).

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