Law Professor

pleading. One which contains the clause, saving to himself all advantages and exceptions, as well to the writ, as to the declaration aforesaid. 2. This imparlance admits the jurisdiction of the court, but the defendant may plead in abatement or to the action; that is, to the writ or the count. … [Read more...] about SPECIAL IMPARLANCE

The name of a plea by which the defendant says that the deed which he has executed is not his own or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it … [Read more...] about SPECIAL NON EST FACTUM

Such as actually have been suffered, and are not implied by law. Also see damages. (A) pleading. As distinguished from the gist of the action, signify that special damage which is stated to result from the gist; as, if a plaintiff in an action of trespass for breaking his close, entering his house, and tossing his goods about, were to state that by means of the damage done to … [Read more...] about SPECIAL DAMAGES

A person who becomes specially bound to answer for the appearance of another; the recognizance or act by which such person thus becomes bound, is also called special bail. Vide Bail. … [Read more...] about SPECIAL BAIL

practice. Where an action of assumpsit has been brought on a special contract, and the plaintiff declares upon it, setting out its particular language, or its legal effect. It is distinguished from a general assumpsit, where the plaintiff, instead of setting out the particular language, or effect of the original contract, declares as for a debt, arising out of the execution of … [Read more...] about SPECIAL ASSUMPSIT