Double Plea

The alleging, for one single purpose, tv^o or more distinct grounds of defense, vyhen one of them would be as effectual in law as both or all. See "Duplicity."

The alleging, for one single purpose, two or more distinct grounds: one of them would be as effectual in law as both or all. See Du Pi I By the statute 4 Anne, c. 16, in Knsland, and by similar statutes in most if not all of any plaintiff in replevin in any court of record, may plead as many several matters as may be necessary for a defence, with leave of court. This statute allows double pleading; but each plea must be single, as at common law; Lawes, PL 131; 1 Chit. PL 512; Andr. Steph. PI. 320; and the statute does not extend to the subsequent pleadings; Com. Dig. Pleader (E 2); Story, PL § 72; Gould, PL c. 8; Doctrina Plac. 222. In criminal cases a defendant cannot plead a special plea in addition to the general issue; 7 Cox, Cr. Cas. 85.

One having the technical fault of duplicity; one consisting of several distinct and independent matters alleged to the/ same point and requiring different answers.

Defined under Plea in Black's Law Dictionary.

[L. Lat. duplexplacitum.'] A plea which contains several distinct answers to the plaintiff's declaration.* Steph. PL 261, 252. A plea containing several dbtinct matters in answer to different parts of the declaration, where either of such matters alone is a sufficient answer to the whole.* Id. ibid. See Arch. Civ. PL 1 74. A plea containing an averment or denial of several facts^ constituting distinct points or defences.* 1 Burr. 316. The averment of several facts going to make up one point will not render a plea double. 1 Smithes Lead. Cos. 249, (Am. ed. note.)