Replead

See Pleading.

To plead anew. Repleader: an order of court, directing that parties shall interpose new pleadings. The expressions and the practice on the subject are more appropriate to the former and strict common-law practice than to other systems. In common-law courts, whenever, in the course of pleading, the parties raised au issue which seemed immaterial or insufficient to determine the true question in the case, — or when, after issue joined in an action and verdict given thereon, the pleading was found (on examination) to have miscarried, and failed to effect its proper object, viz., of raising an apt and material question between the parties, — the court would, on motion of the unsuccessful party, award a repleader; that is, order the parties to plead anew, for the purpose of obtaining a better issue. An example given by Brown is that of a case of an action of debt on bond conditioned for the payment of £10 10s. at a certain day, in which the defendant should plead the payment of £10, according to the form of the condition. Now, if the plaintifi, instead of demurring, tenders issue upon the payment as averred, then, whether the issue be found for the plaintifi or the defendant, it will remain equally uncertain whether the plaintiff is entitled or not to maintain his action; for in an action for the penalty of a bond, conditioned to pay a certain sum, the only material question is, whether the exact sum were paid or not; and repayment in part is a question quite beside the legal merits. An order that the parties should plead anew was one mode of correcting such defects. Upon its being granted, the pleadings began anew at that stage of the cause where the first defect was found; thus, in the example above given, the plaintiff used since the courts have received extended power of allowing amendments for the purpose of determining the real question in controversy between the parties.