Color

In Pleading. An apparent but legally insufficient ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action.

3 Bla. Com. 309; 4 B. & C. 547.

To give color is to give the plaintiff credit for having an apparent or pri)na facie right of action, independent of the matter introduced to destroy it, in order to introduce fession and avoidance should give color. See 3 Bla. Com. 309, n.; 1 Chit. PL 531. i:.i press color is a feigned matter pi' by the defendant, from which the plaintiff seems to have a good ca in truth only an appearance or color of cause.

Bacon, Abr. /, I, 4; 1 < PI. 530.

It was not allowed in the plaintiff to traverse the colorable ri^ and it thus became necessary to answer the plea on which the defendant Intended to rely. I »i plied color is that which arises from the nature of the defence; as where t! ■ consists of matter of law, the facts being admitted but their legal sufficiency deni< matters alleged in the plea.

1 Chit PL 528; Steph. PL 206.

By giving color the defendant could remove the decision of the case from before a jury and introduce matter in a S] pli a, which would otherwise oblige him to plead the general issue; 3 Bla. Com. 309. The colorable ricrht must be plausible or afford a supposititious right such as might induce an unlearned person to imagine it sufficient, and yet it must be in le^ral strictness inadequate to defeat the defendant's title as shown in the plea; Comyns, Dij:.

Pleading; Keilw. 1036; 1 Chit. PI. 531; 4 Dane, Abr. 552; Archb. PI. 211.