PLEA
Categories: Constitutional
Definition (1910 Edition)
ber, 18 N. Y. 321, 72 Am. Dec. 515; Pierson v. Evans, 1 Wend. (N. Y.) 30.—Fo Tea. A plea objecting to the jurisdiction of a judge, on the ground that he had not cognizance of the subject-matter of the suit. Cowell.—Negative plea. One which does not undertake to answer the various allegations of the bill,
as: courts should listen to, they are not “sham,” im. the sense of. the statute. When it needs argument to prove that an answer or demurrer is frivolous, it is not frivolous, and should not be’ stricken off. To warrant this summary mode’ of disposing of a defense,. the mere reading of the pleadings should be sufficient to disclose, without deliberation and without a doubt, that the defense is sham or irrelevant. * Cottrill. v. Cramer, 40 Wis. .559.—Special plea. A special kind of plea in bar, distinguished by
as: courts should listen to, they are not “sham,” im. the sense of. the statute. When it needs argument to prove that an answer or demurrer is frivolous, it is not frivolous, and should not be’ stricken off. To warrant this summary mode’ of disposing of a defense,. the mere reading of the pleadings should be sufficient to disclose, without deliberation and without a doubt, that the defense is sham or irrelevant. * Cottrill. v. Cramer, 40 Wis. .559.—Special plea. A special kind of plea in bar, distinguished by
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.