duplicity in pleading

duplicity in pleading
A defect in pleading as in violation of the rules which tend to produce singleness or unity in the issue. A declaration, complaint, or petition is duplicitous where it joins in one and the same count different grounds of action of different natures or of the same nature, to enforce a single right of recovery; or where it is based on different theories of the defendant's liability. A plea or answer is bad for duplicity if it contains more than one independent fact, or set of facts, any of which alone is a sufficient answer to the declaration, complaint, or petition, and this, whether the defense is in abatement, in bar, or both. 41 Am J1st Pl §§ 44, 45. See duplicity in indictment or information.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • duplicity — The technical fault in common law pleading of uniting two or more causes of action in one count in a writ, or two or more grounds of defense in one plea, or two or more breaches in a replication, or two or more offenses in the same count of an… …   Black's law dictionary

  • duplicity — The technical fault in common law pleading of uniting two or more causes of action in one count in a writ, or two or more grounds of defense in one plea, or two or more breaches in a replication, or two or more offenses in the same count of an… …   Black's law dictionary

  • duplicity — Deception, particularly in double dealing. See duplicity in indictment or information; duplicity in pleading …   Ballentine's law dictionary

  • duplicity — du·plic·i·ty /dü pli sə tē, dyü / n pl ties [Late Latin duplicitat duplicitas duality, double dealing, from Latin duplex twofold] 1: the use of deceptive words or actions 2: the use of more than one claim, allegation, or defense in a single… …   Law dictionary

  • duplicity — /djuˈplɪsəti / (say dyooh plisuhtee) noun (plural duplicities) 1. deceitfulness in speech or conduct; speaking or acting in two different ways concerning the same matter with intent to deceive; double dealing. 2. Astronomy the quality or state of …  

  • double pleading — A pleading which in one count or paragraph sets out two or more several and distinct causes of action or two or more several and distinct defenses. Handy v Waldron, 18 RI 567, 29 A 143. See duplicity …   Ballentine's law dictionary

  • duplicitous — See duplicity; duplicity in indictment or information; duplicity in pleading …   Ballentine's law dictionary

  • protestation — A formal part of a plea in equity, no longer required or in general use, wherein the defendant negatived any confession or acknowledgment by him of all or any part of the matters contained in the bill. 27 Am 72d Eq § 207. A manner of pleading… …   Ballentine's law dictionary

  • plea — In common law pleading (now obsolete with adoption of Rules of Civil Procedure) a pleading; any one in the series of pleadings. More particularly, the first pleading on the part of the defendant. In the strictest sense, the answer which the… …   Black's law dictionary

  • duplicitous — /d(y)uwplisatas/ A pleading which joins in one and the same count different grounds of action of different nature, or of the same nature, to enforce a single right to recovery, or which is based on different theories of the defendant s liability …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”