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 Sharswood, Bl. Comm. 309; 4 Barn. & C. 547; 1 Moore & P. 307. To give color is to give the plaintiff credit for having an apparent or prima facie right of action, independent of the matter introduced to destroy it, in order to introduce new matter in avoidance of the declaration. ' It was necessary that all pleadings in confession and avoidance should give color. See 3 Sharswood, Bl. Comm. 309, note; 1 Chit. PI. 531. Express color is a feigned matter, pleaded by the defendant, from which the plaintiff seems to have a good cause, whereas he has in truth only an appearance or color of cause. Bac. Abr. "Trespass" (I 4); 1 Chit. PL 530. It was not allowed in the plaintiff to traverse the colorable right thus given, and it thus became necessary to answer the plea on which the defendant intended to rely. Implied color is that which arises from the nature of the defense, as where the defense consists of matter of law, the facts being admitted, but their legal sufficiency denied, by matters alleged in the plea. 1 Chit. PI. 528; Steph. PI. 206. By giving color, the defendant could replea, which would otherwise oblige him to plead the general issue. 3 Bl. Comm, 309. The colorable right 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 legal strictness inadequate to defeat the defendant's title as shown in the plea. Comyn, Dig. "Pleading;" Keilw. 1036; 1 Chit. PI. 531; 4 Dane, Abr. 552; Archb. PI. 211.

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.

An appearance, semblance or simulacrum, as distinguished from that which is real. A prima facie or apparent right Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of reality ; a flisguise or pretext. Railroad Co. v. Allfree, 64 Iowa, 500, 20 N. W. 779; Berks County v. Railroad Co., 167 Pa. 102, 31 Atl. 474; Broughton v. Haywood, 61 N. C. 383.

In pleading. Ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action, which is so set out as to be apparently valid, but which is in reality legally insufficient. This was a term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule that pleadings in cohfession and avoidance should give color was that they should cohfess 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, i. e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading. Steph. PI. 233; Merten v. Bank, 5 Okl. 585, 49 Pac. 913. The word also means the dark color of the skin showing the presence of negro blood; and hence it is equivalent to African descent or parentage.

I. and eng. Appearance as distinguished from reality; the exterior or prima fades of a thing. Color a rhetoribns appellatur probabilis alicujus rei caasa, qna quod falsum aot tarpe est velamus: color is called by the rhetoricians the probable cause of anything, -with which we disguise what is false or base. Color of law: mere semblance of legal right. Color of office: mere semblance of a right to exercise the powers of ofifica Color of title: mere semblance or appearance of title, v. Express color; Give color; Implied color.

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.

1. Darkness of skin from presence of African blood. The phrase " persons of color " embraces, universally, not only all persons descended wholly from African ancestors, but also those who have descended in part only from such ancestors, and have a distinct admixture of African blood.* " Colored " race means " African " race.* In 1868, in Virginia, "colored person" was substituted for "negro," which word before that time included " negro " and " mulatto." The act of February 27, 1868, like the Code of 1849, provided that " every person having one-fourth or more negro blood shall be deemed" a colored person.' See Citizen; School, Separate; White. 2. Appearance; apparent reality, validity, or legality; also, pretense. Colorable. Existing in aspect merely; not real: as, a colorable abridgment or alteration of a copyrighted production, imitation of a trade-mark, assignment, claim or defense, change of possession, title, qq. v. Colorless. Without intimation as to motive or preference. Colorless mil. A will characterized by a general intent to effect a stated disposition of property, without intimation as to the motives for making the several gifts, or with- 1 Carter v. Andrews, 16 Pick. 6 (1834), Shaw, C. J. See also 23 Pa. 83; 53 id. 421; 1 Greenl. Ev. § 417. >L. colludere, to co-act in a fraud: con-ludere, to play together. s See Baldwm v. Mayor of New York, 45 Barb. 369 (1856): s. u. 30 How. Pr. 30, quoting Bouvler and others. « Johnson v. Town of Norwich, 39 Conn. 408 (1861), Storrs, C. J. See also Van Camp v. Board of Education, 9 Ohio St. 411 (1859); 9 Ired. L. 384; 31 Tex. 87. = Clark V. Directors of Muscatine, 24 Iowa, 375 (1868); out indication of preference for any beneficiary, class, or object. Where a general and a particular intent are expressed, the latter, in a case of doubt as to the testa^ tor's meanmg, is made to yield to the former.' See Cy Pkes; Will, 3. Color of law. Pretense or semblance of legal right or authority. 2 See Extortion. Color of oflB.ee. Pretense or semblance of official right to do an act by one who has no right; pretended authority of office. See further Officer, De facto; Officium, Colore. Color of title. That which in appearance is title, but which in reality is no title.' The resemblance or appearance of title. Whenever an instrument, by apt words of transfer from grantor to grantee, in form passes what purports to be the title, it gives color of title.* May he made through a conveyance, a bond, a contract, or bare possession under a parol agreement. Whether the title be weak or strong is of no importance. What is color of title is a matter of law for the court. If good faith be a, necessary element in the claim, that is for a jury... A claim under a conveyance, however inadequate to carry the true title, and however incompetent the grantor, is sych a claim under color of title, and one which will draw to the possession of the grantee the protection of the statute of limitations, other requisites of the statutes being complied with.= See Possession, Adverse. Compare Cloud, On title. Give color. To admit the appearance of right in favor of an adverse party. " In trespass, if the defendant desires to refer the validity of his title to the court, he may state his title specially, and at the same time ' give color ' to the plaintiff, or suppose him to have an appearance of title, bad indeed in point of law, but of which a jiiry are not,competent to judge." ' " Giving color " is a phrase borrowed from the ancient rhetoricians. In pleading it signifies an apparent or prima /octe right; and the meaning of the rule that every pleading in confession and avoidance must give color is,- that it must admit an apparent right in the opposite party, and rely, therefore, on some new matter by which that apparent right is defeated... The kind of color which is nati^ally 1 See Schouler, Wi Us, § 476, cases; 1 Eedf. Wills, »433, oases. ' See United States v. Deaver, 14 F. R. 699 (1882). » Wright «. Mattison, 18 How. 66-59 (1655), cases. « HaU V. Law, 103 U. S. 466 (1880), Field, J. •Wright V. Mattison, supra. See also 26 Am. Law Eeg 409-19 (1887), cases; 4 Saw. 539; 4 DiU. 555-68; 10 F E 536; 33 Cal. 676; 33 Ga. 242; 66 id. 170; 33 111. 510; 69 id. 140; 30 Iowa, 486; 32 Md. 358; 27 Minn. 63-63; 79 latent in the structure of all regular pleadings in confession and avoidance is "implied color," to distinguish it from the kind which, in instances, is formally inserted in the pleading, and known as "express color." To the latter, the term usually applies.^ Colore officii. By color of office. See Color, 3, Of office.

;., Colour. our: to confess 1. Conusance of pleas: an exclusive a privilege of trial granted certain cities and may be pleaded by " claim of conusance," of another court. 2. The acknowledg- 3. A pleading in replevin justifying the bailiff of some third party; v. Avowry. A person levying a fine. Cognizee, conuwhom the fine was levied. acknowledge. Cognovit actionem (he has action), or cognovit: a written confession of action at law, signed by the defendant or his declaration, authorizing the plaintiff to enter named. If after plea, it contained an agreeplea, and was called a cognovit actioverificatione (the plea being abandoned), or a sergeant at law; a lawn cap formerly worn. side, by the side. Relationship by blood not limitation: a limitation which makes the depend, not alone on the life or blood of some' other event. Collateral warranty: person not having the title, and who could held it. A bringing together of goods into a cominto hotchpot. The conferring a benefice by a bishop advowson. corporate capacity. defuncti, I. v. Ad. conversation. That part of the declaration in that the words were spoken concerning the words were not in themselves actionby the explanatory inducement, a travcertain facts, and followed by the innuendo connected the words with these facts, and defamatory to the plaintiff. Apparent or prima facie right. To give colsufficiently the truth of the declaration for the To give express colour: to allege in the plea some fictitious fact which enables the defendant to set up his defence by confession and avoidance. It gives the plaintiff an apparent right, and so does away with the necessity of pleading by traverse. Colour of office: the false pretence of authority or of Bicial duty. Colore officii: under colour of office. Combat Trial by Battel.

Lat. Colour. A term of the ancient rhetoricians, adopted at an early period into the language oi pleading in actions at common law. Steph. PL 202. Color a rketoribus appellatur probabilis a Ucvjus rei causa, qud quod falsum aut turpe est velamus. Colour is called by the rhetoricians the probable cause of any thing, with which we disguise what b false or base. Tumeb. in notis ad QuinctiL cited Steph. PL Appendix, Note (49).

In a general sense, mere appearance as distingmshed from reality; the exterior or prima faci£S of a thing; a false or assumed appearance; a cover, cloak, disguise or pretext,* See Prima facie. Color officii.