Special Pleading

The science of pleading. The allegation of special or new matter to avoid the effect of the previous allegations of the opposite party, as distinguished from a direct denial of matter previously alleged on the opposite side. Gould, PI. c. 1, § 18; 3 Wheat. (U. S.) 246; Comyn, Dig. "Pleader" (E 15).

The allegation of ty, as distinguished from a direct denial of obligee’s affidavit of the loss or destruction of matter previously alleged on the opposite the instrument, compelled the obligor to perside. Gould, PI. c. 1, § 18; Gelston v. Hoyt, form his duty; a century later the common 3 Wheat. (U. S.) 246, 4 L. Ed. 381; Com. Di£. law judges decided that if profert of a spe- Pleader (E 15); Steph. PI., And. ed. 240, n. cialty was impossible by reason of its loss, See Pleading, Special. the plaintiff might recover upon secondary

When the allegations (or "pleadings," as they are called) of the contending parties in an action are not of the general or ordinary form, but are of a more complex or special character, they are denominated "special pleadings;" and, when a defendant pleads a plea of this description, (i. e., a special pleat) he is said to plead specially, in opposition to pleading the genera] issue. These terms have given rise to the popular denomination of that science which, though properly called "pleading," Is generally known by the name of "special pleading." Brown. The allegation of special or new matter in, opposition or explanation of the last previous averments on the other side, as distinguished from a direct denial of matter previously alleged by the opposite party. Gould, FL c. 1, § 18. In popular language, the adroit and plausible advocacy of a client's case in court. Stimson, Law Gloss.

Defined under Pleading in Black's Law Dictionary.

Vide Pleading, Special; and Co. Litt. 282; 3 Wheat. R. 246; Com. Dig. Pleader, E 15.