Pleadings

In Chancery Practice. The written allegations of the respective parties in the suit. The pleadings in equity are less formal than those at common law. The parts of the. pleadings are (1) the bill, which contains the plaintiflf's statement of his case, or information, where the suit the defendant demands judgment of the court, whether he shall be compelled to answer the bill or not; (3) the plea, whereby he shows some cause why the suit should be dismissed or barred; (4) the answer, which, controverting the case stated by the bill, confesses and avoids it, or traverses and denies the material allegations in the bill, or, admitting the case made by the bill, submits to the judgment of the court upon it, or relies upon a new case, or upon new matter stated in the answer, or upon both; (5) disclaimer, which seeks at once a termination of the suit by the defendants, disclaiming all right and interest in the matter sought by the bill. Story, Eq. PI. § 546; Mitf. Eq. PI. (Jeremy Ed.) 13, 106; Cooper, Eq. PI. 108; 2 Story (U. S.) 59. ■ In Common-Law Civil Practice. The statements of the parties, in legal and proper manner, of the causes of action and grounds of defense. The result of pleading. They were formerly made by the parties or their counsel, orally, in open court, under the control of the judge. They were then called the "parole." 3 Bl. Comm. 293; 2 Reeve, Hist. Eng. Law, 267. The regular parts are (1) the declaration or count; (2) the plea, which is either to the jurisdiction of the court, or suspending the action, as in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance; (3) the replication, and, in case of an evasive plea, a new assignment, or, in replevin, the plea in bar to the avowry or cognizance; (4) the rejoinder, or, in replevin the replication to the plea in bar; (5) the sur-rejoinder, being in replevin the rejoinder; (6) the rebutter; (7) the surrebutter (Viner, Abr. "Pleas and Pleading" [C]; Bac. Abr. "Pleas and Pleadings" [A]); (8) pleas puis darrein continuance, when the matter of defense arises pending the suit. The irregular or collateral parts of pleading are stated to be (1) demurrers to any part of the pleadings above mentioned; (2) demurrers to evidence given at trials; (3) bills of exceptions; (4) pleas in scire facias; (5) and please in error. Viner, Abr. "Pleas and Pleadings" (C); Bouv. Inst. Index. In Civil Practice under the Codes. The pleadings are (1) the complaint, (2) the answer, (3) the reply, and (4) the demurrer, which lies to either complaint, answer or reply. In Criminal Practice. The pleadings are (1) the indictment; (2) the plea, either special or general.

In Chancery Practice. The written allegations of the respective parties in the suit. The pleadings in equity are less formal than those at common law. The parts of the pleadings are — the hill, which contains the plaintiff’s statement of his case, or information, where the suit is brought by a public officer in behalf of the sovereign; the demurrer, by which the defendant demands judgment of the court, whether he shall be compelled to answer the bill or not; the pica, whereby he shows some cause why the suit should be dismissed or barred; the answer, which, controverting the case stated by the bill, confesses and avoids it; or traverses and denies the material allegations in the bill, or, admitting the case made by the bill, submits to the judgment of the court upon it, or relies upon a new case or upon new matter stated in the answer, or upon both; disclaimer, which seeks at once a termination of the suit by the defendants, disclaiming all right and interest in the matter sought by the bill; Story, Eq. PI. § 54G; Mitf. Eq. PI. by Jer. 13, 106; Cooper, Eq. PI. 108; Ocean Ins. Co. v. Fields, 2 Sto. 59, Fed. Cas. No. 10,406. In Common Law Practice. The statements of the parties, in legal and proper manlier, of the causes of action and grounds of defence. The result of pleading. They were formerly made by the parties or th^ir counsel, orally, in open court, under the control of the judge. They were then called the parole; 3 Bla. Com. 293. The parts of the pleadings may be arranged under two heads: The regular, which occur in the ordinary course of a suit; and the irregular or collateral, which are occa- The regular parts are — the declaration or count; the plea, which is either to the jurisdiction of the court, or suspending the action, as in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance; the replication, and, in case of an evasive plea, a new assignment, or, in replevin, the plea in bar to the avowry or * cognizance; the rejoinder, or, in replevin, the replication to the plea in bar; the sur-rc joinder, being in replevin the rejoinder; the rebutter; the surrebutter; Viner, Abr. Picas and Pleading (C); Bac. Abr. Pleas and Pleadings (A); pleas puis datrein continuance, when the matter of defence arises pending the suit. The irregular or collateral parts of pleading are stated to be — demurrers to any part of the pleadings above mentioned; demurrers to evidence given at trials; bills of exceptions; pleas in scire facias; and pleas in error. Viner, Abr. Pleas and Pleadings (C). In Admiralty, the proceedings might go on, by turns, as long as the mode of pleadings require it. The successive pleadings, after the replication, were called duplication, triplication, and quadruplication, and so on; but they are now obsolete; Bened. Adm. § 482. In Criminal Practice, the pleadings are — first, the indictment; second, the plea; and the other pleadings as in civil practice.

The formal written allegations of the respective parties to a suit; at law, the plaintiff's declaration, the defendant's plea, the plaintiflC's replication, the defendant's rejoinder, the pl'aintiff's surrejoinder, the defendant's rebutter, the plaintiff's snr-rebutter, and so on, by allegations having further no names; in equity, the complainant's bill, the defendant's answer, and the complainant's replication.