tout temps prist et encore prist.[Law French] Common-law pleading. The clause in a plea of tender stating that the pleader is and always has been ready to pay. See PLEA OF TENDER.
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allegatum (al-[schwa]-gay-t[schwa]m), n. [Latin] A fact alleged in a pleading; ALLEGATION. Pl. alle-gata. Cf. PROBATUM.
arrest of inquest. A plea that a matter proposed for inquiry has already been investigated and should therefore not be reexamined.
improper cumulation of actions. Hist. Under the common-law pleading system, the joining of inconsistent causes of action in one proceeding. • This is permitted under most modern pleading systems.
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Hilary Rules. Hist. A collection of English pleading rules designed to ease the strict pleading requirements of the special-pleading system, esp. by limiting the scope of the general issue in the formed actions and by forcing the defendant to set up affirmatively all matters other than a denial of the breach of duty or of
plene administravit (plee-nee ad-min-[schwa]-stray-vit). [Law Latin “he has fully administered”] Hist. A defensive plea in which an executor or administrator asserts that no assets remain in the estate to satisfy the plaintiff’s demand.
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si parcere ei sine suo periculo non potest (sIpahr-s[schwa]r-ee ee-IsI-nee s[y]oo-oh p[schwa]-rik-y[schwa]-loh non poh-test). [Latin] Roman law. If he could not spare him except at his own peril. • This phrase defined the circumstances in which a defendant could plead self-defense.
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impertinent matter. Procedure. In pleading, matter that is not relevant to the action or defense. • A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDALOUS MATTER. [Cases: Federal Civil Procedure 1127; Pleading 364(4). C.J.S. Pleading § 683.] “The court will not strike out the matter unless
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Palace Court. Hist. A court having jurisdiction over all personal actions arising within 12 miles of Whitehall. • This court was created by James I in response to complaints about the inconvenience of using the itinerant Court of the Marshalsea; its jurisdiction was similar, but the court remained in Whitehall. It was abolished along with
constat (kon-stat), n. [Latin “it is settled”] Hist. A certificate made by the Clerk of the Pipe and the auditors of the Exchequer at the request of a person intending to plead in the Court of Exchequer for the discharge of some item. • The constat certified what appeared on record.