Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Appearance of right.

  • Black's Law Dictionary: 2nd Edition

    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.