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Counterplea

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[L. Lat. contraplacfdim.] In pleading. A plea of an inci« dental kind, and now of rare occurrence, diverging from the main series of the allegations in a cause. As where a party demands oyer, if his adversary has any matter of fact to allege as a ground why the oyer cannot be demanded, he may plead such matter, and the allegation is called a counterplea to the oyer.

Sieph, PL 72.

Counterpleas in the old actions were a kind of replication, and were used particularly as answers to aid prayer. Termss de la ley.

Reg. Plac. 118. Cro. Car. 263.

See Pleading,