(A) The practice of which a plaintiff sets forth their reasons why a lawsuit and recovery for injuries is warranted (causes of action) and for a defendant, why the defendant is not liable. (B) practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff’s cause of action, or the defendant’s ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence. In a general sense, it is that which either party to a suit at law alleges for himself in a court, with respect to the subject-matter of the cause, and the mode in which it is carried on, including the demand which is made by the plaintiff; but in strictness, it is no more than setting forth those facts or arguments which show the justice or legal sufficiency of the plaintiff’s demand, and the defendant’s defence, without including the statement of the demand itself, which is contained in the declaration or count.2. The science of pleading was designed only to render the facts of each party’s case plain and intelligible, and to bring the matter in dispute between them to judgment. 3. The parts of pleading have been considered as arrangeable under two heads; first, the regular, or those which occur, in the ordinary course of a suit; and secondly, the irregular, or collateral, being those which are occasioned by mistakes in the pleadings on either side. 4. The regular parts are, 1st. The declaration or count. 2d. The plea, which is either to the jurisdiction of the court, or suspending the action, a’s in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance. 3d . The replication, and, in case of an evasive plea, a new assignment, or in replevin the plea in bar to the avowry or cognizance. 4th. The rejoinder, or, in replevin, the replication to the plea in bar. 5th. The sur-rejoinder, being in replevin, the rejoinder. 6th. The rebutter. 7th. The sur-rebutter. Vin. Abr. Pleas and Pleading, C; Bac. Abr. Pleas and Pleadings, A. 8th. Pleas puis darrein continuance, when the matter of defence arises pending the suit. 6. The irregular or collateral parts of Pleading are stated to be, 1st. Demurrers to Illly art of the pleadings above mentioned. 2dly. Demurrers to evidence given at trials. 3dly. Bills of exceptions. 4thly. Pleas in scire facias. And, 5thly. Pleas in error.
Law Dictionary – Alternative Legal Definition
The peculiar science or system of rules and principles, established in the common law, according to which the pleadings or responsive allegations of litigating parties are framed, with a view to preserve technical propriety and to produce a proper issue. The process performed by the parties to a suit or action, in alternately presenting written statements of their contention, each responsive 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 strictest 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 parties alternately in an action at law; the aggregate 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 sometimes called “pleading;” but this is a popular, rather than technical, use. In chancery practice. Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. PI.