Similiter

I Likewise; the like. The short formula used either at the end of pleadings, or by itself, expressive of the acceptance of an issue of fact; a joinder in issue.

/. Likewise; a word used in joinder of issue or demurrer. K. joinder of issue.

Likewise; the like. This word is used in pleading.s at common law, as the name of the formula accepting an issue of fact tendered by the adverse party, thus joining an issue of fact. The Latin form was et prmdectus a similiter, the equivalent of which in English — as in a replication — is, " and the plaintiff doth the like." The signification is, in such a case, that, as the defendant has put himself upon the country, he, the plaintiff, does the like. It occurs only when the plea has the conclusion to the country, and its effect is to join the plaintiff in the issue thus tendered by the defendant. The use of the similiter is only applicable to issues of fact which are triable by the country {i.e. a jury). It serves to mark the acceptance both of the question itself and the mode of trial proposed, although originally it seems to have been introduced with the view to the latter point only. The resort to a jury in ancient times could, in general, be had only by the mutual consent of each party. It appears to have been with the object of expressing such consent that the similiter was in those times added in drawing up the record; and from the record it afterwards found its way into the written pleadings. Accordingly, no similiter or other acceptance of issue is necessary, when recourse is had to any of the other modes of trial. {Steph. PL Ith ed. 265, 266.) Brovm.

pleading. When concludes with referring the matter to be tried by a jury of the country, the plaintiff must do so too; that is, he must also submit the matter to be tried by a jury, without oflering any new answer to it, and must stand or fall by his declaration. Co. Litt. 126 a. In such case, he merely replies that as the defendant has put himself upon the country, that 1s, has submitted his cause to be tried by a jury of the country, he the plaintiff, does so likewise, or the like. Hence this sort of replication is called a similiter, that having been the effective word when the proceedings were in latin. 1 Chit. Pl. 549; Arch. Civ. Pl. 258. See Steph. PI. 255; 2 Saund. 319, b.; Cowp. 407; 1 Str. Rep. 551.