Legal Definition and Related Resources of Color

In pleading. An apparent but legally insufficient ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action. 3 Sharswood, Bl. Comm. 309; 4 Barn. & C. 547; 1 Moore & P. 307. To give color is to give the plaintiff credit for having an apparent or prima facie right of action, independent of the matter introduced to destroy it, in order to introduce new matter in avoidance of the declaration. ‘ It was necessary that all pleadings in confession and avoidance should give color. See 3 Sharswood, Bl. Comm. 309, note; 1 Chit. PI. 531. Express color is a feigned matter, pleaded by the defendant, from which the plaintiff seems to have a good cause, whereas he has in truth only an appearance or color of cause. Bac. Abr. “Trespass” (I 4) ; 1 Chit. PL 530. It was not allowed in the plaintiff to traverse the colorable right thus given, and it thus became necessary to answer the plea on which the defendant intended to rely. Implied color is that which arises from the nature of the defense, as where the defense consists of matter of law, the facts being admitted, but their legal sufficiency denied, by matters alleged in the plea. 1 Chit. PI. 528; Steph. PI. 206. By giving color, the defendant could remove the decision of the case from before a Jury, and introduce matter in a special plea, which would otherwise oblige him to plead the general issue. 3 Bl. Comm, 309. The colorable right must be plausible, or afford a supposititious right, such as might induce an unlearned person to imagine it sufficient, and yet it must be in legal strictness inadequate to defeat the defendant’s title as shown in the plea. Comyn, Dig. “Pleading;” Keilw. 1036; 1 Chit. PI. 531; 4 Dane, Abr. 552; Archb. PI. 211.

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This definition of Color is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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(Complexion), noun

• apparent character
• aspects
• attribute
• bearing
• character
• characteristics
• component
• constitution
• denomination
• description
• designation
• distinction
• endowment
• faculty
• features
• fettle
• figure
• flavor
• form
• hue
• image
• inclination
• kind
• likeness
• linea
• ment
• make
• manner
• mark
• nature
• particularity
• peculiarities
• posture
• principle
• quality
• shape
• species
• style
• temperament
• tendency
• tone
• trim
• type
• variety
• Associated Concepts: the color of a case

(Deceptive appearance), noun

• act of dissembling
• affectation
• allegation
• alleged motive
• apparent right
• appearance
• cloak
• concealment
• cunning
• deceit
• deception
• deceptive covering
• device
• disingenuousness
• display
• dissemblance
• dissimulation
• distortion
• equivocalness
• equivocation
• evasion
• exaggeration
• external appearance
• false appearance
• falseness
• falsification
• feint
• gloss
• guile
• guise
• impression
• misrepresentation
• misstatement
• outward appearance
• praetextus
• pretense
• pretext
• representation
• show
• simulacrum
• simulation
• subterfuge
• suggestio falsi
• suppressio very
• Associated Concepts: color a cause of action
• color of authority
• color of claim
• color of interest
• color of jurisdiction
• color of law
• color of office
• color of right
• color of state law
• color of title
• color of title in adverse possession
• under color of
• under color of law

Color in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

Appearance; apparent reality; validity, or legality; also, pretense.

Note: This legal definition of Color in the Dictionary of Law (English and American Jurisprudence) is from 1893.

Meaning of Color in the Past

It is a rule that every pleading (i.e. the formal allegations by the parties of their respective claims and defenses) by way of confession and avoidance, must give color; that is, it must admit an apparent right in the opposite party and rely, therefore, on some new matter by which that apparent right is defeated. For example, where the defendant pleads a release to an action for breach of covenant, the tendency of the plea is to admit an apparent right in the plaintiff, namely, that the defendant did, as alleged in the declaration, execute the deed and break the covenant there contained and would therefore, prima facie, be liable on that ground; but shows new matter not before showd, by which that apparent right is done away, namely, that the plaintiff executed to him a release. Again, if the plaintiff reply that Such release was geted by duress, in his, replication, he impliedly admits that the defendant has, prima facie, a good defence, namely, that such release was executed as alleged in the plea; and that the defefadant therefore, would be discharged; but relies on new matter by which the plea is avoided, namely, that the release was geted by duress. The plea, in this case, therefore, gives color to the declaration and the replication, to the plea. But let it be supposed that the plaintiff has replied, that the release was ex
ecuted by him, but to another person and not to the defendant; this would be an informal replication wanting color; because, if the release were not to the defendant there would not exist even an apparent defence, requiring the allegation of new matter to avoid it and the plea might be sufficiently answered by a traverse, denying that the deed stated in the plea is the deed of the plaintiff. See Steph. Pl. 220; 1 Chit. Pl. 498; Lawes, Civ. Pl. 126; Arch. Pl. 211; Doct. Pl. 17; 4 Vin. Abr. 552; Bac. Abr. Pleas, &e. I 8; Comyn’s Digest (A digest of the laws of England, 1822) Pleader, 3 M 40, 3-M 41. See an example of giving color in pleading (i.e. the formal allegations by the parties of their respective claims and defenses) in the Roman law, Inst. lib. 4, tit 14, De replicantionibus.[1]

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Notes and References

1. Partialy, this information about color is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including color.

See Also

Color