Blacks Law Dict. 1st ed

SPECIAL PLEADING

SPECIAL LIEN

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amounting to a qualified ownership of it, such, for example, as a bailee's lien; as dis tinguished from the general owner, who has the primary or residuary title to the same thing. SPECIAL PAPER. A list kept in the English courts of common law, and now in the queen's bench, common pleas, and excheq uer divisions of the high court, in which list demurrers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, ciown paper, revenue paper, etc., according to the practice of the particular division. Wharton. SPECIAL PARTNER. A member of a limited partnership, who furnishes ceitain funds to the common stock, and whose lia bility extends no further than the fund fur nished. A partner whose responsibility is re stricted to the amount of his investment. 3 Kent, Comm. 34. SPECIAL PARTNERSHIP. At com mon law. One formed for the prosecution of a special branch of business, as distinguished from the general business of the parties, or for one particular venture or subject. Under statutes. A limited partnership, (ff- «•) SPECIAL PLEA. A special kind of plea in bar, distinguished by this name from the general issue, and consisting usually of some new affirmative matter, though it may also be m the form of a traverse or denial. See Steph. PI. 52, 162. SPECIAL PLEA IN BAR. One which advances new matter. It differs from the general, in this: that the latter denies some material allegation, but never advances new matter. Gould, PI. c. 2, § 38. SPECIAL PLEADER. In English prac tice. A person whose professional occupa tion is to give verbal or written opinions up on statements made verbally or in writing, and to draw pleadings, civil or criminal, and such practical proceedings as may be out of the usual course. 2 Chit. Pr. 42. SPECIAL PLEADING. When the al legations (or "pleadings, "as they are called) of the contending parties in an action are not of the general or ordinary form, but are of a more complex or special character, they are denominated "special pleadings;" and, when a defendant pleads a plea of this description, (i. e., a special plea,) he is said to plead spe cially, in opposition to pleading the general

bury to authorize a marriage at any time or place whatever. 2 Steph. Comm. 247, 255. SPECIAL LIEN. Another term for a particular lien. SPECIAL LIMITATION. A qualifi cation serving to mark out the bounds of an estate, so as to determine it ipso facto in a given event, without action, entry, or claim, before it would, or might, otherwise expire by force of, or according to, the general lim itation. 59 Pa. St. 340. SPECIAL MALICE. In criminal law. Particular or personal malice; that is, hatred, ill-will, or a vindictive disposition against a particular individual. SPECIAL MATTER. Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff of the nature of such matter, thus sparing him the necessity of pleading it specially. 3 Bl. Comm. 306. SPECIAL MEETING. In the law of cor porations. A meeting called for special pur poses; one limited to particular business; a meeting for those purposes of which the par ties have had special notice. 1 Exch. 505; 11 Vt. 391. SPECIAL MOTION. A motion ad dressed to the discretion of the court, and which must be heard and determined; as dis tinguished from one which may be granted of course. SPECIAL NON EST FACTUM. A form of the plea of non est factum, in debt on a specialty, by which the defendant al leges that, although he executed the deed, yet it is in law "not his deed," because of certain special circumstances which he pro ceeds to set out; as, where he delivered the deed as an escrow, and it was turned over to the plaintiff prematurely or without per formance of the condition, SPECIAL OCCUPANT. A person hav ing a special right to enter upon and occupy lands granted pur auter vie, on the death of the tenant, and during the life of cestui que vie. Where the grant is to a man and ?iis heirs during the life of cestui que vie, the heir suc ceeds as special occupant, having a special exclusive right by the terms of the original grant. 2 Bl. Comm. 259; 1 Steph. Comm. 416. SPECIAL OWNER. One who has a special interest in an article %t pioperty, ,

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