Counterplea

In pleading. A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. 2 Wm. Saund. 45h. Thus, counterplea of oyer is the defendant's allegations why oyer of an instrument should not be granted. Counterplea of aid prayer is the demandant's allegation why the vouchee of the tenant in a real action, or a stranger who asks to come in to defend his right, should not be admitted. Counterplea of voucher is the allegation of the vouchee in avoidance of the warranty after admission to plead. Counterpleas are of rare occurrence. Termes de la Ley; Doct. Plac. 300; Comyn, Dig, "Voucher" (B 1, 2); Dane, Abr.

A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. Steph. PL, Andr. ed. 165; 2 Wms. Saund. 45 h. not be granted. Counter plea to aid prayer is the demandant's allegation why the vouchee of the tenant in a real action, or a stranger who asks to come in to defend his right, should not he admitted. Counterplea of voucher is the allegation of the vouchee in avoidance of the warranty after admission to plead. Counterpleas are of rare occurrence. Termes de in Ley; Com. Dig. Voucher (B, 1, 2); Dane, Abr.

A plea which answers some matter purpose of the suit as a plea in answer to a

A plea answering some matter incidental to the main object of the suit; as in answer to Aid-prayer, Oyer, Voucher.

[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,