repleader
n . 第二次申诉
第二次申诉
Repleader \
Re *
plead "
er \ (-?
r ),
n . (
Law )
A second pleading ,
or course of pleadings ;
also ,
the right of pleading again .
[
1913 Webster ]
Whenever a repleader is granted ,
the pleadings must begin de novo . --
Blackstone .
[
1913 Webster ]
REPLEADER ,
practice .
When an immaterial issue has been formed ,
the court will order the parties to plead de novo ,
for the purpose of obtaining a better issue this is called a repleader .
2 .
In such case ,
they must begin to replead at the first fault .
If the declaration ,
plea and replication be all bad ,
the parties must begin de novo ,
if the plea and replication be both bad and a repleader is awarded ,
it must be as to both ;
but if the declaration and plea be good ,
and the replication only bad ,
the parties replead from the replication only .
3 .
In order to elucidate this point ,
it may be proper to give an instance ,
where the court awarded a repleader for a fault in the plea ,
which is the most ordinary cause of a repleader .
An action was brought against husband and wife ,
for a wrong done by the wife alone ,
before the marriage ,
and both pleaded that they were not guilty of the wrong imputed to them ,
which was held to be bad ,
because there was no wrong alleged to have been committed by the husband ,
and therefore a repleader was awarded ,
and the plea made that the wife only was not guilty .
Cro .
Jac .
5 .
See other instances in :
Hob .
113 :
5 Taunt .
386 .
4 .
The following rules as to repleaders were laid down in the case of Staples v .
Haydon ,
2 Salk .
579 .
First .
That at common law ,
a repleader was allowed before trial ,
because a verdict did not cure an immaterial issue ,
but now a repleader ought not to be allowed till after trial ,
in any case when the fault of the issue might be helped by the verdict ,
or by the statute of jeofails .
Second .
That if a repleader be allowed where it ought not to be granted ,
or vice versa ,
it is error .
Third .
That the judgment of repleader is general ,
quod partes replacitent ,
and the parties must begin at the first fault ,
which occasioned the immaterial issue .
Fourth .
No costs are allowed on either side .
Fifth .
That a repleader cannot be awarded after a default at nisi prius ;
to which may be added ,
that in general a repleader cannot be awarded after a demurrer or writ of error ,
without the consent of the parties ,
but only after issue joined ;
where however ,
there is a bad bar ,
and a bad replication ,
it is said that a repleader may be awarded upon a demurrer ;
a repleader will not be awarded where the court can give judgment on the whole record ,
and it is not grantable in favor of the person who made the first fault in pleading .
See Com .
Dig .
Pleader ,
R 18 ;
Bac .
Abr .
Pleas ,
M ;
2 Saund .
319 b ,
n .
6 ;
2 Vent .
196 ;
2 Str .
847 ;
5 Taunt .
386 ;
8 Taunt .
413 ;
2 Saund .
20 ;
1 Chit .
Pl .
632 ;
Steph .
pl .
119 ;
Lawes ,
Civ .
Pl .
175 .
5 .
The difference between a repleader and a judgment non obstante veredicto ,
is this ;
that when a plea is good in form ,
though not in fact ,
or in other words ,
if it contain a defective title or ground of defence by which it is apparent to the court ,
upon the defendant '
s own showing ,
that in any way of putting it ,
he can have no merits ,
and the issue joined thereon be found for him there ,
as the awarding of a repleader could not mend the case ,
the court for the sake of the plaintiff will at once give judgment non obstante veredicto ;
but where the defect is not so much in the title as in the manner of stating it ,
and the issue joined thereon is immaterial ,
so that the court know not for whom to give judgment ,
whether for the plaintiff or defendant ,
there for their own sake they will award a repleader ;
a judgment ,
therefore ,
non obstante veredicto ,
is always upon the merits ,
and never granted but in a very clear case ;
a repleader is upon the form and manner of pleading .
Tidd '
s Pr .
813 ,
814 ;
Com .
Dig .
Pleader ,
R 18 Bac .
Abr .
Pleas ,
M ;
18 Vin .
Ab .
567 ;
2 Saund .
20 ;
Doct .
Plac .
h .
t .;
Arch .
Civ .
Pl .
258 ;
1 Chit .
Pl .
632 ;
U .
S .
Dig .
XII .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
AMC Theatres We would like to show you a description here but the site won’t allow us
New Movies Out Now In Theaters 2026 | Fandango Stay updated with Fandango's detailed listing of new movies and book your movie tickets today!
Movies Near Me in Seattle, WA | Showtimes Trailers | CinemaClock Discover every movie now playing in Seattle, WA: browse showtimes, trailers, ratings Plan your cinema night with CinemaClock
Movies in Theaters, Seattle, WA - showtimes. com New movies in theaters near Seattle, WA Find out what movies are playing now
SIFF Cinema Downtown Movie Theater | Moviefone Browse movie showtimes and buy tickets online from SIFF Cinema Downtown movie theater in Seattle, WA 98121
Marcus Theatres | Movie Tickets, Showtimes, Food Rewards Near You Discover showtimes, buy tickets, and order food online at Marcus Theatres Earn points, enjoy perks, and make every movie night more rewarding
Movie Theaters in Seattle, WA - Tribute Movies Seattle, WA Movie listings and showtimes for movies now playing Your complete film and movie information source for movies playing in Seattle, WA
Movie Showtimes Movie Tickets | Regal Check out movie showtimes, find a location near you and buy movie tickets online
Harkins Theatres | Harkins Movies See our full list of movies and showtimes, including upcoming releases
Find movie theaters near me | Showtimes. com Find your local Movie Theaters and Show Times for all now playing movies by using our easy location search