PLEAD

The formal entry of the defendant’s defence on the record. In a popular sense, it signifies the argument in a cause, but it is not so used by the profession. To make, deliver, or file any pleading; to conduct the pleadings in a cause. To interpose any pleading in a suit which contains allegations of fact; in this sense the word is the antithesis of “demur.” More particularly’, to deliver in a formal manner the defendant’s answer to the plaintiffs declaration, or to the indictment, as the case may be. . To appear as a pleader or advocate in a cause; to argue a cause in a court of justice. But this meaning of the word is not technical, but colloquial. Plead a statute. Pleading a statute is stating the facts which bring the case .within it; and “counting” on it, in the strict language of pleading, is making express reference to it by apt terms to show the source of right relied on. McCnllough v. Colfax County, 4 Neb. fUnof.} 543, 95 N. W. 31. Plead issuably. This means to interpose such a plea as is calculated to raise a material issue, either of law er of fact. Plead over. To pass over, pr 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 issue, after one has interposed a demurrer or special plea which has been dismissed by a judgment of respondeat ouster. Plead to the merits. This is a phrase of long standing and accepted usage hi the law, and distinguishes those pleas which answer the cause of action and on which a trial may be had from all pleas of a different character; Kahn v. Gunnison, 12 Wis. 529.