Tag: pleading
-
Duplicity
The technical fault of combining two or more offenses in the same count of an indictment . The rule is that each count in an indictment should refer to a single transaction and where the count refers to more than one transaction, it is bad for duplicity. See U.S. v Gerhart, […]
-
To Put
To Put
-
To Put
To Put
-
Quadruplication
In pleading. Formerly this word was used instead of surrebutter. 1 Brown, Civ. Law, 469, note. …
-
Debet Et Detinet
(Lat. he owes and withholds). In pleading. An action of debt is said to be in the debet et detinet when it is alleged that the defendant owes and unjustly withholds or detains the debt or thing in question. The action is so brought between the contracting parties. See […]
-
Certainty
In Contracts. Distinctness and accuracy of statement. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12. 1. 6. It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. […]
-
Certainty
In Contracts. Distinctness and accuracy of statement. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12. 1. 6. It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. […]
-
Innuendo
Legal Definition and Related Resources of Innuendo Meaning of Innuendo Doing acts by hinting, by insinuation, by intimation. In actions for libel , the term denotes tha part of a pleading which explains the word; spoken or written and annexes […]
-
Innuendo
Legal Definition and Related Resources of Innuendo Meaning of Innuendo Doing acts by hinting, by insinuation, by intimation. In actions for libel , the term denotes tha part of a pleading which explains the word; spoken or written and annexes […]
-
Per Quod
By which. Used in commonlaw pleading to introduce a conclusion. Sometimes used as the name of the clause averring special damages. …
-
Per Quod
By which. Used in commonlaw pleading to introduce a conclusion. Sometimes used as the name of the clause averring special damages. …
-
Immaterial Averment
In pleading. A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c. 3, ç 186. Such averments must, however, be proved as laid, it is said (Doug. 665), though not if they may be struck out without striking out at the same time […]
-
Nient Le Fait
(Law Fr.) In pleading. The same as non est factum, a plea by which the defendant asserts that the deed declared upon is not his deed. …
-
Imparlance
Originally the time given to the parties with a view to discussing a settlement . Later, it has come to denote the time given a defendant to plead . Also, a discussion between parties to an action for the purpose of amicably settling the matter in controversy .
-
Oyer
Literally, to hear. In the olden times when most people were illiterate or were deemed to be illiterate, it was common practise for a defendant to demand or crave oyer of a deed pleaded by the plaintiffs statement of claim be read to him.