DUPLICITY. In Pleading. (Lat. duplex, twofold ; double.) The union of more than one cause of action in one court in a writ, or more than one defence in one place, or more than a sin* breach in a replication. 1 Woodb. & M. C. C. 381.
2. The union of several facts constituting together but one cause of action, or one de fence, or one breach, does not constitute dupli city. 1 Woodb. & M. C. C. 381; 10 Vt. 353; 3 Harr. & M'H. Md. 455 ; 2 Blackf. Ind. 85; 4 Zabr. N. J. 333 ; 16 Ill. 133 ; 1 Dev. No.
C. 397 ' • 1 M'Cord, So. C. 464; 10 Me. 83 ; 14 Pick. Mass. 156 ; 33 Miss. 474 ; 4 Ind. 109. It must be of causes on which the party relies, and not merely matter introduced in ex planation. 28 Conn. 134; 14 Mass. 157. In trespass it is not duplicity to plead to part and justify or confess as to the residue. 17 Pick. Mass. 236. if only one defence be valid, the objection of duplicity is not sustained. 2 Klackf. Ind. 385; 14 Pick. Mass. 156.
3. It may exist in any part of the plead ings, declaration, 23 N. H. 415 ; 2 Harr. Del. 162, pleas, 4 McLean, C. C. 267 ; 2
Miss. 160, replication, 5 Blackf. Ind. 451 ; 4 Ill. 74; 6 Mo. 460, or subsequent pleadings, 24 N. II. 120 ; 4 McLean, C. C. 388 ; 1 Wash. C. C. 446; 8 Pick. Mass. 72; and was at common law a fatal defect, 20 Mo. 229 ; 23 N. H. 415, to he reached on special de murrer only. 18 Vt. 363; 10 Gratt. Va. 255; 13 Ark. 721; 1 Cush. Mass. 137 ; 5 Gill, Md. 94; 5 Blackf. Ind. 451. The rules against duplicity did not extend to dilatory pleas so as to prevent the use of the classes in their proper order. Coke, Litt. 304 a; Ste phen, Plead. App. n. 56.
Owing to the statutory changes in the forms of pleading, duplicity seems to be no longer a defect in many of the states of the United States, either in declarations, 8 Ark. 378, pleas, 1 Cush. Mass. 137 ; 7 J. J. Marsh, Ky. 335, or replications, 32 Mass.. 104; 8 Ind. 96; though in some cases it is allowed only in the discretion of the court, for the furtherance of justice. 32 Mo. 185.