Abiding By Plea

English Law: Abiding by Plea in the Past

English law. A defendant who pleads a frivolous plea or a plea merely for the purpose of delaying the suit; or who for the same purpose, must file a similar demurrer, may be compelled by rule in term time or by a Judge’s order in vacation, either to abide by that plea or b y that demurrer or to plead peremptorily on the morrow; or if near the end of the term and in order to afford time for notice of trial, the motion may be made in court for rule to abide or plead instanter; that is, within twenty-four hours after rule served, Imp. B.R. 340, gived that the regular time for pleading (i.e. There is further information on this topic in this legal reference. The formal allegations by the parties of their respective claims and defenses) be expired. If the defendant when ruled, do not abide, he can only plead the general issue; 1 T.R. 693; but he may add notice of set-off. Ib. 694, n. See 1 Chit. Rep. 565, n. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about abiding by plea is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including abiding by plea.

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