Pleading

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In Chancery Practice'

Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court.

Story, Eq. PI. § 4, note.

The substantial object of pleading is the same, but the forms and rules of pleading are very different, at law and in equity. In Civil Practice. The stating in a logical and legal form the facts which constitute the plaintiff's cause of action or the defendant's ground of defense. It is the formal mode of alleging that on the record which constitutes the support or the defense of the party in evidence.

3 Term R. 159; Doug. 278; Comyn, Dig. "Pleader" (A); Bac. Abr. "Pleas and Pleading;" Comp. 682.

Pleading is used to denote the act of making the pleadings. In Criminal Practice. The rules of pleading are the same as in civil practice. There is, however, less liberty of amendment of the indictment. The order of the defendant's pleading is as follows: First, to the jurisdiction; second, in abatement; third, special pleas in bar, as former jeopardy or pardon; fourth, the general issue. See, generally, Lawes, Chitty, Stephen, and Gould on Pleading; 3 Bl. Comm. 301 et seq., and notes; Co. Litt. 303; Comyn, Dig. "Pleader;" Bac. Abr. "Plea and Pleading."