REUS

Latin: In the civil and canon law. The defendant in an action or suit. A person judicially accused of a criine; a person criminally proceeded against. Halll-fax, Civil Law, b. 3, c 13, no. 7. A party to a suit, whether plaintiff or de: fendant; a litigant This was the ancient sense of the word. Calvin. A party to a contract. Reus stipulandi, a party stipulating; the party who asked the question in the form prescribed for stipur lations. Reus promittendi, a party promising; the party who answered the question. Reus ezeiplendo St aetor. The defendant by excepting or pleading, becomes a plaintiff; that is, where, instead of simply denying the plaintiff’s action, he sets up some new matter in defense, he is bound to establish it by proof, just as a plaintiff is bound to prove his cause of action. Bounler, Tr. des Preuves, 152, 320; Best, Ev. p. 294,