pleading a statute

pleading a statute
Formally setting forth the terms of the statute. Stating the facts which bring the case within the statute, even without taking formal notice or even a mention of the statute itself. Hart V Baltimore & Ohio Railroad Co. 6 W Va 336, 348.

Ballentine's law dictionary. . 1998.

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  • Pleading — In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion. By stating what claims and defences are at issue, pleadings establish… …   Wikipedia

  • Pleading, Statute of — Enacted in 1362, the statute stated that all pleas [in the king s courts] . . . shall be pleaded, shewed, defended, answered, debated, and judged in the English tongue . Cf. English …   Dictionary of Medieval Terms and Phrases

  • Special statute — Special Spe cial, a. [L. specialis, fr. species a particular sort, kind, or quality: cf. F. sp[ e]cial. See {Species}, and cf. {Especial}.] 1. Of or pertaining to a species; constituting a species or sort. [1913 Webster] A special is called by… …   The Collaborative International Dictionary of English

  • Special pleading — Special Spe cial, a. [L. specialis, fr. species a particular sort, kind, or quality: cf. F. sp[ e]cial. See {Species}, and cf. {Especial}.] 1. Of or pertaining to a species; constituting a species or sort. [1913 Webster] A special is called by… …   The Collaborative International Dictionary of English

  • counting upon a statute — In pleading, making express reference to a statute; as by the words, against the form of the statute, or by force of the statute, in such case made and provided. Hart v Baltimore & Ohio Railroad Co. 6 W Va 336, 348 …   Ballentine's law dictionary

  • conclusion against the form of the statute — In common law pleading, the proper form for the conclusion of an indictment for an offense created by statute was the technical phrase against the form of the statute in such case made and provided ; or, in Latin, contra formam statuti …   Black's law dictionary

  • form of the statute — This expression means the words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) against the form of the statute in that case made and provided. Forms of action …   Black's law dictionary

  • conclusion against the form of the statute — In common law pleading, the proper form for the conclusion of an indictment for an offense created by statute was the technical phrase against the form of the statute in such case made and provided ; or, in Latin, contra formam statuti …   Black's law dictionary

  • form of the statute — This expression means the words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) against the form of the statute in that case made and provided. Forms of action …   Black's law dictionary

  • jeofail statute — A statute curing imperfections in pleading, civil or criminal. Witte Iron Works v Holmes, 62 Mo App 372 …   Ballentine's law dictionary

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