Double Plea
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
The alleging, for one single purpose, two or more distinct grounds: one of them would be as effectual in law as both or all. See Du Pi I By the statute 4 Anne, c. 16, in Knsland, and by similar statutes in most if not all of any plaintiff in replevin in any court of record, may plead as many several matters as may be necessary for a defence, with leave of court. This statute allows double pleading; but each plea must be single, as at common law; Lawes, PL 131; 1 Chit. PL 512; Andr. Steph. PI. 320; and the statute does not extend to the subsequent pleadings; Com. Dig. Pleader (E 2); Story, PL § 72; Gould, PL c.
8; Doctrina Plac. 222.
In criminal cases a defendant cannot plead a special plea in addition to the general issue; 7 Cox, Cr. Cas. 85.