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Jbofatle

Defined in 1 dictionary — Black's (1891)

A Dictionary of Law

Henry Campbell Black · 1891

Fr. I have failed; I am in error. An error or oversight in plead- Certain statutes are called “statutes of amendments aud jeofailes” because, where a pleader perceives any slip in the form of his proceedings, and acknowledges the error, (jeotuile,) he is at liberty, by those statutes, toumend it, The amendment, however, is seldom made; but the benefit is attained by the court’s overlooking the exeeption. 3 bl, Comm. 407; 1 Saund. p. 228, no. 1. Jeofaile is whon the parties 1o any suit in plead ing have proveeded so far that they have joined issue which shall be tried or is tried by a jury or inquest, and this pleading or issue is so badly pleaded or joined that it will be error if they procecd. Then some of the said parties may, by their counsel, show it to the court, as well after verdict piven and hefore judgment as before the jury is charged. And the counsel shall say: “This inquest ye ought not to take.” And if it be after verilict, thenhemaysay: “To judgment you cought not tio go,” And, because such niceties cceasioned many delays in suits, divers statutes are made to redress them. Termes de la Ley,