writ of error. 1. A writ issued by an appellate court directing a lower court to deliver the record in the case for review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal and Error 5, 398. C.J.S. Appeal and Error §§ 9–12, 18, 356, 724.] “The writ of error is the most common of all the forms […]
Common-law pleading. A plea that neither confesses nor avoids but rather pleads a previous inconsistent act, allegation, or denial on the part of the adverse party to preclude that party from maintaining an action or defense.
nil debet (nil deb-[schwa]t). [Latin “he owes nothing”] Hist. A general denial in a debt action on a simple contract. “The proper general issue in debt on simple contracts and statutes is ‘nil debet,’ which is a formal denial of the debt. It denies not only the existence of any contract, but under it any
quod cum (kwod k[schwa]m). [Law Latin] For that; whereas. • In common-law pleading, this phrase introduced explanations for the claims alleged, as in assumpsit actions.
form of action. The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal
trover (troh-v[schwa]r). A common-law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the value of the property. — Also termed trover and conversion. Cf. DETINUE; REPLEVIN. [Cases: Trover and Conversion 1, 43. C.J.S. Trover and Conversion §§ 1–3, 5–7, 120–121.] “Trover may be maintained for
replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.] anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in
absque tali causa (abs-kwee tay-lIkaw-z[schwa]), adv. [Law Latin] Without such cause. • In common-law pleading, this was part of the larger phrase de injuria sua propria, absque tali causa (“of his own wrong, without such cause”) appearing in a reply that a trespass plaintiff made to counter a defendant’s claim of excuse. In an assault
rejoinder, n. Common-law pleading. The defendant’s answer to the plaintiff’s reply (or replication). [Cases: Pleading 183. C.J.S. Pleading § 229.] — rejoin, vb.
liberum tenementum (lib-[schwa]r-[schwa]m ten-[schwa]-men-t[schwa]m), n. [Law Latin] Hist. 1. A plea of freehold; a defensive common-law pleading in an action for trespass to lands. • The defendant pleaded either ownership of the land in question or authorization from the freehold owner. [Cases: Trespass 25, 27. C.J.S. Trespass §§ 46–56, 167.] 2. FREEHOLD.
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