replication

Legal effect of a replication is, that it puts in issue all the matters well alleged in the answer, and the rule is, that if none be filed, the answer will be taken as true, and no evidence can be given by the complainant to contradict anything which is therein well alleged.

The plaintiff's an action at law; the swer, in a suit in equity.

Plaintiff's answer to defendant's plea or answer.^ Reply. To respond to a plea or an answer. At law, the replication denies the allegation in the plea, alleges new matter in contradiction of it, or confesses and avoids it.^ In equity, it puts In issue all matters well alleged in the answer. If none is filed, the ans-n-er will be taken as true, and no evidence be received to contradict anything so alleged.' A general replication denies every allegation in the answer not responsive to the bill.** Replication de injuria. Replication of the wrong: denial of a matter of excuse in an action of tort. ' Spencer v. Bidwell, 49 Com. 63 (1881), Granger, J. See also 81* Pa. 438. "Lamping v. Keenan, 9 Col. 393 (1886), cases. Beck, Chief Justice. ' See as to value Washington Ice Co. v. Webster, 125 U. S. 426-47 (1888), cases. < [3 Bl. Com. 129; 32 Me. 560; 34 id. 136. fi [3 Bl. Com. 309. » 3 Bl. Com. 309-10, 448. ' Brown v. Pierce, 7 Wall. 212 (1868), cases. Puts in issue the material averments of the plea; throws on the defendant the burden of proving as much of the plea as constitutes a defense to the action. Numerous decisions hold that it is good only where j the plea sets up matter of excuse, and not matter of justification.' See Traverse. See Answer, 3; Departure, 3.

The plaintiffs second pleading, v. Pleading.

The pleading interposed by plaintiff in an action at law in response to defendant's plea; or. by complainant in equity, in response to defendant's answer. The con-esponding pleading under codes of reformed procedure is called the reply.