PLEADINGS. In Chancery Practice. The written allegations of the respective par ties in the suit. The pleadings in equity arc less formal than those at common law.
2. Tb e parts of the pleadings are—the bill, which contains the plaintiff's statement of his case, or inftrmation, where the suit is brought by a public officer in behalf of the sovereign ; the demurrer,hy which the defendant demands judgment of the court, whether he shall be compelled to answer the bill or not ; the plea, whereby he shows some cause why the suit should be dismissed or barred ; the answer, which, controverting the case stated by the bill, confesses and avoids it, or traverses and denies the material allegations in the bill, or, admitting the case made by the bill, submits to the judgment of the court upon it, or relies upon a new case or upon new matter stated in the answer, or upon both ; disclaimer, which seeks at once a termination of the suit by. the defendants, disclaiming all right and interest in the matter sought by the bill. Story. Eq. Plead. 546 ; Mitford, Eq. Plead. by Jeremy, 13, 106 ; Cooper, Eq. Plead. 108 ; 2 Story, 59.
In Civil Practice. The statements of the parties, in legal and proper manner, of the causes of action and grounola of defence. The result of pleading. They were formerly made by the parties or their counsel, orally, in open court, under the control of the judge. They were then called the parole. 3 Shars wood, Blackst. Comm. 293 ; 2 Reeves, Hist.
Eng. Lavv, 267.
3. The parts of the pleadings may be ar ranged under two heakls : the regular, which occur in the ordinary course of' a suit; and the irregular or collateral, which are occasioned by errors in the pleadings on the other side.
Thettiegular parts are—the declaration or count ; the plea, which is either to the juris diction of the court, or suspending the ac tion, /LS in the case of a parol demurrer, or in abatement, or in bar of the action, or in replevin, an avowry or cognizance; the rep/i cation, and, in case of an evasive plea, a new assignment, or, in replevin, the plea in bar to the avowry or cognizance ; the rOoinder, or, in replevin, the replication to the plea in bar; the sur-rejoinder, being in replevin the re joinder ; the rebutter ; thesur-rebutter, Viner, Abr. Pleas and Pleading (C); Bacon, Abr. Pleas and Pleadings (A) ; pleas puis darrein continuance, when the matter of defence arises pending the suit.
4. Tbe irregular or collateral parts of pleading are stated to be—dem,urrers to any part of the pleadings above mentioned ; de murrers to evidence given at trials ; bills of exceptions ; pleas in scire facias; and pleas in error. Viner, Abr. Pleas amd Pleadings (C) ; Bouvier, Inst. Index.
In Criminal Practice, the pleadings are- first, the indictment ; second, the plea ; and the other pleadings as in civil practice.