profert
profert (proh-f[schwa]rt).Common-law pleading. A declaration on the record stating that a party produces in court the deed or other instrument relied on in the pleading. [Cases: Pleading 305. C.J.S. Pleading §§ 519, 522.]
Search Results for: PLEA
latitat
latitat 〈拉〉〈英〉潜逃拘捕令状 15世纪时，王座法庭〔Court of King’s Bench〕创制了一种独特的程序，这种程序使它对某些案件与民诉法庭〔Court of Common Pleas〕享有共同管辖权。这种程序以被告真正或依法推定处于马夏尔西监狱〔Marshalsea prison〕典狱长〔Marshal〕的拘押状态下为前提事实，因为该监狱处于王座法庭所在地米德尔塞克斯郡〔Middlesex〕，这样就能够使王座法庭拥有当然的管辖权。其操作是：首先由原告提出针对被告的米德尔塞克斯申诉状〔Bill of Middlesex〕，宣称被告以暴力手段对他实施了侵权行为，并拟称后者已提供担保，保证按时出庭。这样，在案件性质上就赋予了王座法庭以司法管辖权。如果届时米德尔塞克斯郡郡长找不到被告，则一道潜逃拘捕令状就会发给邻近郡之郡长，要求他拘捕被告。如果已知被告不在米德尔塞克斯郡，那么签发潜逃拘捕令状是诉讼的第一步。该令状中强调使用latitat(潜逃)一词，故名。1832年的《令状统一法》〔Uniformity of Process Act〕废除了这一令状。
cepit in alio loco
cepit in alio loco (see-pit in ay-lee-oh loh-koh). [Latin] Hist. He took in another place. • This phrase appeared in a replevin-action pleading in which a defendant asserted that the property had been taken at a place other than that named in the plaintiff’s declaration.
cepit in alio loco Read More »
essoinde malo villae
essoin de malo villae (dee mal-oh vil-ee). Hist. A procedure by which a defendant, who was in court the first day but was then taken ill without pleading, would send two essoiners to state in court that the defendant was detained by sickness in a particular village and thus unable to attend. • This essoin
essoinde malo villae Read More »
formulary procedure
formulary procedure. Hist. The common-law method of pleading and practice, which required formulaic compliance with the accepted forms of action even if through elaborate fictions. • In the 19th century, this type of procedure was replaced both in the United States and in England. See code pleading under PLEADING(2).
formulary procedure Read More »
special matter
Common-law pleading. Out-of-the-ordinary evidence that a defendant is allowed to enter, after notice to the plaintiff, under a plea of the general issue.
de proprietate probanda
de proprietate probanda (dee pr[schwa]-prI-[schwa]-tay-tee pr[schwa]-ban-d[schwa]), n. [Law Latin “for proving property”] Hist. A writ ordering a sheriff to investigate the ownership of distrained goods claimed by a defendant in a replevin action. “If therefore the distreinor claims any such property, the party replevying must sue out a writ de proprietate probanda, in which the
de proprietate probanda Read More »
convict
convict (kon-vikt), n. A person who has been found guilty of a crime and is serving a sentence of confinement for that crime; a prison inmate. [Cases: Convicts 1. C.J.S. Convicts §§ 2–3.] convict (k[schwa]n-vikt), vb. To find (a person) guilty of a criminal offense upon a criminal trial, a plea of guilty, or a
answer
answer, n. 1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.] false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases: