Request

LETTERS OF. See "Letters of Request."

Within the provision of the constitution of a religious society providing that a change therein cannot be granted except at the request of two-thirds of the society, a vote was held not a request Philomath College v. Wyatt, 27 Or. 390, 31 Pac. 216, part of the person making it, that the other party shall do something in relation to a contract. Generally, when a debt is payable immediately, no request need be made; Lent v. Padelford, 10 Mass. 230, 6 Am. Dec. 119; Ernst v. Bartle, 1 Johns. Cas. (N. Y.) 319. In some cases, the necessity of a request is implied from the nature of the transaction; as, where a horse is sold to A, to be paid for on delivery, A must show a request; 5 Terra 409; or impossibility on the part of the vendor to comply, if requested; 5 B. & Ad. 712; previous to bringing an action; and on a promise to marry; 2 Dowl. & R. 55. See Demand. And if the contract in terms provides for a request, it must be made; Ernst v. Bartle, 1 Johns. Cas. (N. Y.) 327. It should be in writing; and state distinctly what is required to be done; 1 Chi tty, Pr. 497. In Pleading. The statement in the plaintiff’s declaration that a demand or request has been made by the plaintiff of the defendant to do some act which he was bound to perform, and for which the action is brought. A general request is that stated in the form “although often requested so to do” (licet swpe requisitus ), generally added in the common breach in the money counts. Its omission will not vitiate the declaration; 1 B. & P. 59; Leflingwell v. White, 1 Johns. Cas. (N. Y.) 100, 1 Am. Dec. 97. A special request, is one provided for by the contract, expressly or impliedly. Such a request must be averred; 2 B. & C. 685; and proved; 1 Saund. 32, n. 2. It must state time and place of making, and by whom it was made, that the court may judge of its sufficiency; 1 Stra. 89. See Com. Dig. Pleader (C G9, 70); 1 Saund. 33, n.; Demand. A trial judge is requested to charge a jury in accordance with points submitted by counsel.

An asking or petition; the expression of a desire to some person for something to be granted or done; particularly for the payment of a debt or performance of a contract. The two words, "request" and "require," as used in notices to creditors to present claims against an estate, are of the same origin, and virtually synonymous. Prentice v. Whitney, 8 Hun (N. Y.) 300.

In pleading. The statement In the plaintiff's declaration that the particular payment or performance, the failure of which constitutes the cause of action, was duly requested or demanded of the defendant.

— Request, letters of. In English law. Many suits are brought before the Dean of the Arches as original judge, the cognizance of which properly belongs to inferior jurisdictions within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in the canon law by the denomination of "letters of request." 3 Steph. Comm. 306,

— Request note. In English law. A note requesting permission to remove dutiable goods from one place to another without paying the excise.

— Requests, courts of. See Courts Requests.

— Special request. A request actually made, at a particular time and place. This term is used in contradistinction to a general request, which need not state the time when nor place where made. 3 Bouv. Inst. no. 2843.

In law, is much used in its vernacular sense, and also as substantially equivalent to demand. The two words, request and require, as used in notices to creditors to present claims against an estate, are of the same origin, and virtually synonymous. Prentice v. Whitney, 15 N. Y. Supreme Ct. 300.

pleading, is the statement in the plaintiff’s declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought. A request is general or special. The former is called the licet sepius requisitus, (q. v.) or “ although often requested so to do;” though generally inserted in the common breach, to the money counts, it is of no avail in pleading, and the omission of it will not vitiate the declaration. 2 Hen. Bl. 131; 1 Bos. & Pull. 59, 60; and see 1 John. Cas. 100. Whenever it is essential to the cause of action, that the plaintiff should have requested the defendant to perform his contract, such request must be stated in the declaration and proved. The special request must state by whom, and the time and place when it was made, in order that the court may judge of its sufficiency. 1 Str. 89. Vide Com. Dig. Pleader, C 69, 70; 1 Saund. 33; 2 Ventr. 75; 3 Bos. & Pull. 438; 3 John. R. 207; 1 John. Cas. 319; 10 Mass. R. 230; 8 Day’s R. 327; and the articles Demand; Licet Sepius requisitus.