JEOFAILE

Fr. I have failed; I am in error. An error or oversight in pleading. Certain statutes are called “statutes of amendments and jeofailes” because, where a pleader perceives any slip in the form of his proceedings, and acknowledges the error, (jeofaile,) he is at liberty, by those statutes, to amend it. The amendment, however, is seldom made; but the benefit is attained by the court’s overlooking the exception. 3 Bl. Comm. 407; 1 Saund. p. 228, no. 1. Jeofaile is when the parties to any suit in pleading have proceeded so far that they have joined issue which shall be tried or is tried by a jury or inquest, and this pleading or issue is so badly pleaded or joined that it will be error if they proceed. Then some of the said parties may, by their counsel, show it to the court, as well after verdict given and before judgment as before the jury is charged. And the counsel shall say: “This inquest ye ought not to take.” And if it be after verdict, then he may say: “To judgment you ought not to go.” And, because such niceties occasioned many delays in suits, divers statutes are made to redress them. Termes de la Ley.