Plea

In old English law. A suit or action. Thus, the power to "hold pleas" is the power to take cognizance of actions or suits; so "common pleas" are actions or suits bstween private persons. And this meaning of the word still appears in the modern declarations, where it is stated, e. g., that the defendant "has been summoned to answer the plaintiff in a plea of debt."

In common-law practice. A pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant.

In the strictest sense, the answer which the defendant in an action at law makes to the plaintiff's declaration, and in which he sets up matter of fact as defense, thus distinguished from a demurrer, which interposes objections on grounds of law.

In equity. A special answer showing or relying upon one or more things as a cause why the suit should be either dismissed or delayed or barred. Mitf. Eq. PI. 219; Coop. Eq. PI. 223. A short statement, in response to a bill in equity, of facis which, if inserted in the bill, would render it demurrable; while an answer is a complete statement of the defendant's case, and contains answers to any interrogatories the plaintiff may have administered. Hunt, Eq. pt. 1. c. 3.

— Affirmative plea. One which sets up a single fact, not appearing in the bill, or sets np a number of circumstances all tending to establish a single fact, which fact, if existing, destroys the complainant's case. Potts v. Potts (N. J. Ch.) 42 Atl. 1055.

— Anomalous plea. One which is partly affirmative and partly negative. Baldwin v. Elizabeth, 42 N. J. Eq. 11, 6 Atl. 275; Potts v. Potts (N. J. Ch.) 42 Atl. lO55

— Bad plea. One which is unsound or insufficient in form or substance, or which does not technically answer or correspond with the pleading which preceded it in the action.

— Common pleas. Common causes or suits; civil actions brought and prosecuted between subjects or citizens, as distinguished from pleas of the crown or criminni cases.

— Counter-plea. A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. In the more ancient system of pleading, counter-plea was applied to what was, in effect, a replication to aid prayer, (q. v.;) that is, where a tenant for life or other limited interest in land, having an action brought against him in respect to the title to such land, prayed in aid of the lord or reversioner for his better defense, that which the demandant alleged against either request was calied a "counter-plea." Cowell.

— Dilatory pleas. See Dilatort.

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

— False plea. A sham plea. See infra. And see People v. McCumber, 18 N. Y. 321, 72 Am. Dec. 515; Pierson v. Evans, 1 Wend. (N. Y.) 30.

— Foreign plea. A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject-matter of the snit. Cowell.

— Negative plea. One which does not undertake to answer the various aliegations of the bill, but specifically denies some particular fact or matter the existence of which is essential to entitle the complninant to any relief. See Potto v. Potts (N. J. Ch.) 42 Atl. 1056.

— Peremptory pleas. "Pleas in, bar" are so termed in contradistinction to that class of pleas called "dilatory pleas." The former, viz., peremptory pleas, are usually pleaded to the merits of the action, with the view of raising a material issue between the parties; while the latter class, viz., dilatory pleas, are generally pleaded with a view of retaining the plaintiff's proceedings, and not for the purpose qf raising an issue upon which the parties may go to trini and settle the point in dispute. Peremptory pleas are also calied "pleas in bar," while dilatory pleas are snid to be in abatement only. Brown.

— Plea in abatement. In practice. A plea which goes to abate the plaintiff's action ; that is, to suspend or put it off for the present. 3. Bl. Comm. 301; Hurst v. Everett (C. C.) 21 Fed. 221; Wilson v. Winchester & P. R. Ch (C. C.) 82 Fed. 18; Middlebrook v. Ames, 5 Stew. & P. (Ala.) 166.

— Plea in bar. In practice. A plea which goes to bar the plaintiff's action; that is, to defeat it absolutely and entirely. 1 Burrill, Pr. 162; 3 BI. Comm. 303; Rawson v. Knight, 71 Me. 102; Norton v. Winter, 1 Or. 48, 62 Am. Dec. 297; Wilson v. Knox Co.unty, 132 Mo. 387, 34 S. W. 45.

— Plea in discharge. One which admits that the plaintiff had a cause of action, but shows that it was discharged by some subsequent or collateral matter, as, payment or accord and satisfaction. Nichols v. Cecil, 106 Tenn. 455, 61 S. W. 768.

— Plea in reconvention. In the civil law. A plea which sets up new matter, not in defense to the action, but by way of cross-complaint, set-off, or counterclaim.

— Plea of release. One which admits the cause of action, but seta forth a release subsequently executed by the party authorized to release the claim. Landis v. Morrissey, 69 Cal. 83, 10 Pac. 258.

— Flea side. The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from Its criminal or crown department. Thus the court of king's bench is said to have a plea side and a crown or criminal side; the one branch or department of it being devoted to the cognizance of civil actions, the other to criminal proceedings and matters peculiarly concerning the crown. So the court of exchequer is said to have a plea side and a crown side; the one being appropriated to civil actions, the other to matters of revenue. Brown.

— Pleas of the crown. In English law. A phrase now employed to signify criminal causes, in which the king is a party. Formerly it signified royal causes for offenses of a greater magnitude than mere misdemeanors.

— Pleas roll. In English practice. A record upon which are entered ali the pleadings in a cause, in their regular order, and the issue.

— Pure plea. In equity pleading. One which relies wholly on some matter outside those referred to in the bili; as a plea of a release on a settled account.

— Sham plea. A false plea; a plea of false or fictitious matter, subtly drawn so as to entrap an opponent, or create delay. 8 Chit. Pr. 729, 730. A vexatious or false defense, resorted to under the old system of pleading for purposes of delay and annoyance. Steph. PI. 383. Mr. Chitty defines sham pleas to be pleas so palpably and manifestly untrue that the court will assume them to be so; pleas manifestly absurd. When answers cr defenses admit of lawyer-like argument, such as courts should listen to, they are not "sham," in the sense of the statute. When, it needs argument to prove that an answer or demurrer is frivolous, it ls not frivolous, and should not be stricken off. To warrant this summary mode of disposing of a defense, the mere reading of the pleadings should be sufficient to disclose, without deliberation and without a doubt, that the defense is sham or irrelevant. Co.ttrill v. Cramer, 40 Wis. 559.

— Special plea. A special kind of plea in bar, distinguished by this name from the general issue, and consisting usually of some new affirmative matter, though it may also be in the form of a traverse or denial. See Steph. PI. 52, 162; Allen v. New Haven & N. Co., 49 Co.nn. 245.

— Special plea in bar. One which advances new matter. It differs from the general, in this: that the latter denies some material allegation, but never advances new matter. Gould, PI. c. 2, § 38.

At law, an answer alleging fact which the defendant opposes to the plaintiff's declaration; in equity, a short answer in bar of the suit setting up facts which, if inserted in the bill, would have rendered it demurrable, v. Abatement; Avoidance; Confession;, Dilatory; Puis darrein, etc. Plea In abatement: a plea which goes to abate the plaintiff's action, that is, to suspend or put it off. Plea in bar: a plea which goes to bar the plaintiff's action, that is, to defeat it altogether. In old English late. A suit or action, — a sense in which the word is a pleading; in a stricter sense, an allegation of fact in a cause, as distinguished from a demurrer.

1. A suit or action. 2. A pleading. 3. The pleading of the defendant. 4. A defendant's pleading setting up matter of fact. 5. In equity, a short answer in bar of the suit without giving discovery, stating facts which, if inserted in the bill, would render it demurrable. Pleas in abatement, avoidance, bar, confession and avoidance, dilatory, equitable, peremptory, puis darrein continuance, special: see those titles. In order of pleading, to showing some other court in which 2d. To the person of the fendant: pleas of disability, pleas of variance, death of parties, joinder, etc. 4th. To the action plaintiff had no cause to have might have another on the same took his action. 5th. To the ance, specialty of record, incertainty, itself: in bar thereof. The first sixth is peremptory, and includes ance, which are special pleas par cial pleas in bar, or special include the general issue, the traverse; and pleas of estoppel, special pleas in bar, as well as the cial plea proper. All dilatory pleas ment; but the latter term more fourth, and fifth classes. Demurrers head of the sixth division. Age-prier pension. In criminal law, the the jurisdiction. 2d. In abatement. as autrefois, acquit, convict, attaint, eral issue of not guilty. Common subject and subject, as distiuot criminal actions. Court of V. Pleading. Plea side: r. Court, To Plead. 1. To litigate; v. Plea, ings, that part of a suit which parties, formerly oral, by which they 3. To make an allegation of fact as distinct from to demur; v. Plea, plea or plea in bar in answer to 5. (Colloquial.) To appear in a plead over: v. Pleading.

1. Embraces several kinds of formal answer made by a defendant to a bill, complaint, declaration, or prosecution. It is a general term, for there are many kinds of pleas; yet all the responses to a plaintiff's pleading are not termed pleas. And the term is used differently in common-law and equity practice. In common-law practice, it signifies the defendant's answer to the merits of plaintiff's declaration, in distinction In a broad sense of the word, it may include a demurrer. When this answer or plea sets forth at large or in detail the subject-matter of the defence, it is denominated a special plea, in contradistinction to those direct and concise answers to the declaration, termed the general issues. In equity practice, plea and answer are used of two distinct modes of interposing defence. A plea has been defined as a short statement, in response to a bi Uin equity, of facts which, if inserted in the bill, would render it demurrable; while an answer is a complete statement of the defendant's case, and contains answers to any interrogatories the plaintiff may have administered. Hunt Eq. Pt. I. ch. 3. See Wharton for a concise analytical statement of the pleas most in use in law and equity. 2. Pleas, the plural, is used to signify suits or actions. Thus, " holding pleas " means entertaining or taking cognizance of actions or suits; "common pleas" signifies ordinary actions or suits between man and man, as distinguished from such as are promoted and prosecuted at the suit of the crown, which are thence denominated pleas of the crown. Plea side. The plea side of a court is that branch or department of the court which entertains or takes cognizance of civil actions and suits, as distinguished from its criminal or crown department. Thus the court of queen's bench is said to have a plea side and a crown or criminal side: the one branch or department of it being devoted to the cognizance of civil actions, the other to criminal proceedings and matters peculiarly concerning the crown. So the court of exchequer is said to have a plea side and a crown side, the one being appropriated to civil actions, the other to matters of revenue. Brown.

in practice, is the defendant’s answer by matter of fact, to the plaintiff’s declaration. It is distinguished from a demurrer which opposes matter of law to the declaration. Steph. Pl. 62. Pleas are divided into pleas dilatory and peremptory; and this is the most general division to which they are subject. Subordinate to this is another division; they are either to the jurisdiction of the court, in suspension of the action; in abatement of the writ; or, in bar of the action. The first three of which belong to the dilatory class, the last is e ie peremptory kind. Steph. Pi. ‘ 6. 1 Chit. Pl. 425; Lawes, PI. The law has prescribed and set- Ist. To the jurisdiction of the court. 2dly. To the disability, &c. of the person; Ist, of the plaintiff; 2dly, of the defendant. Sdly. To the count or declaration. 4thly, To the writ; Ist. To the form of the writ; first, Matter apparent on the face of it; secondly, Matter dehors. 2dly. To the action of the writ. Sthly. To the action itself in bar. This is said to be the natural order of pleading, because each subsequent plea admits that ther 1s no foundation forthe former. Such is the Engliah law, 1 Ch. Plead. 425. The rule is different with regard to the plea of jurisdiction in the courts of the United States and those of Pennsylvania. 1 Binn.138; Ib. 219; 2 Dall. 368; 3 Dall. 19; 10 Serg. & Rawle, 229.. 2. Plea, in its ancient sense, means suit or action, and it is sometimes still used in that sense; for example, A B was summoned to answer C D of a plea that he render,, &c. Steph. Pi. 38, 39,n.(9); Warr. Law Studies, 272, note Me 3. This variable word, to plead, has still another and more popular use, importing forensic argument in a cause, but it is not soemployed by the profession. Steph. Pl. App. note (1). PLEA PUIS DARREIN CON-