Blacks Law Dict. 1st ed

902

PLEAD OVEE

PLEBISCITE

PLEAD OVER. To pass over, or omit to notice, a material allegation in the last pleading of the opposite party; to pass by a defect in the pleading of the other party without taking advantage of it. In another sense, to plead the general ssue, after one has interposed a demurrer or special plea which has been dismissed by a judgment of respondeat ouster. PLEADED. Alleged or averred, in form, in a judicial proceeding. It more often refers to matter of defense, but not invariably. To say that matter in a declaration or replication is not well pleaded would not be deemed erroneous. Abbott. PLEADER. A person whose business it is to draw pleadings. Formerly, when plead ing at common law was a highly technical and difficult art, there was a class of men known as "special pleaders not at the bar," who held a position intermediate between counsel and attorneys. The class is now al most extinct, and the term "pleaders" is generally applied, in England, to junior mem bers of the common-law bar. Sweet. PLEADING. The peculiar science or system of rules and principles, established in the common law, according to which the pleadings or responsive allegations of litigat ing parties are framed, with a view to pre serve technical propriety and to produce a proper issue. The process performed by the parties to a suit or action, in alternately presenting writ ten statements of their contention, each re sponsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the "issue," upon which they then go to trial. The act or step of interposing any one of the pleadings in a cause, but particularly one on the part of the defendant; and, in the stiictest sense, one which sets up allegations of fact in defense to the action. The name "a pleading" is also given to any one of the formal written statements of accusation or defense presented by the par ties alternately in an action at law; the ag gregate of such statements filed in any one cause are termed "the pleadings." The oral advocacy of a client's cause in court, by his barrister or counsel, is some times called "pleading;" but this is a popu lar, rather than technical, use. In chancery practice. Consists in mak ing the formal written allegations or state

ments of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they pro pose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. PI. § 4, note. PLEADING, SPECIAL. By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the op posite side. Gould, PI. c. 1, § 18. PLEADINGS. The pleadings are the formal allegations by the parties of their re* spective claims and defenses, for the judg ment of the court. Code Civil Proc. Cal. §420. The individual allegations of the respective parties to an action at common law, proceed ing from them alternately, in the order and under the distinctive names following: The plaintiff's declaration, the defendant's pJea, the plaintiff's replication, the defendant's re joinder, the plaintiff's surrejoinder, the de fendant's rebutter, the plaintiff's surrebutter; after which they have no distinctive names. Burrill. The term "pleadings" has a technical and well defined meaning. Pleadings are written allega tions of what is affirmed on the one side, or denied on the other, disclosing to the court or jury having to try the cause the real matter in dispute between the parties. 1 Minn. 17, (Gil. 1.) PLEAS OP THE CROWN. In English law. A phrase now employed to signify criminal causes, in which the king is a party. Formerly it signified royal causes for offenses of a greater magnitude than mere misde* meanors. PLEAS ROLL. In English practice. A record upon which are entered all the pleadings in a cause, in their regular order, and the issue. PLEBANUS. A rural dean. Cowell. PLEBEIAN. One who is classed among the common people, as distinguished from the nobles. PLEBEITY, or PLEBITY. The com mon or meaner sort of people; the plebeians. PLEBEYOS. In Spanish law. Com mons; those who exercise any trade, or who cultivate the soil. White, New Eecop. b. 1, tit. 5, c 3, § 6, and note. PLEBIANA. In old records. A mother church. PLEBISCITE. la modern constitution al law, the name "plebiscite" has been given

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