REPLICATION (Lat. replicare, to fold back).
In Pleading. The plaintiff's answer to the defendant's plea or answer.
In Equity. The plaintiff's avoidance ot denial of the answer or defence. Story, Eq. Pl. 877.
A general replication is a general denial of the truth of the defendant's plea or answer, and of the sufficiency of the matter alleged in it to bar the plaintiff's suit, and an asser tion of the truth and sufficiency of the bill. Cooper, Eq. Pl. 329, 330.
A special replication was one which intro duced new matter to avoid the defendant's answer. It might be followed by rejoinder, surrejoitider, and rebutter. Special replica tions have been superseded by tbe practice of amending bills. 1 Ho*. Intr. 55 ; 17 Pet. App. 68. A replication must be made use of vvhere the plaintiff intends to introduce evidexice, and a subpcena t,o the defendant to rejoln must be added, unless he will appear gratis. Story, Eq. Pl. 879.
A replication may he filed nunc pro tune after witnesses have been examined under leave of court. Story, Eq. Pl. 881 ; Mit ford, Eq. Plead. by Jeremy, 323.
At Law. The plaintiff's reply to the defendant's plea. It Contains a statement of matter, consistent with the declaration, which avoids the effect of the defendant'S plea or constitutes a joinder in issue thereon.
2. It is, in general, governed by the plea, whether dilatory or in bar, and most Fre quently denies it. When the plea concludes to the country, the plaintiff must generally reply by a similiter. See &MUTTER ; 1 Hempst. C. C. 67. When it concludes with a verifi cation, the plaintiff may either conclude the defendant hy matter of estoppel, deny the truth of the plea in whole or in part, confes9 and avoid the plea, or new assign the cause of action in case of an evasive plea. Its character varies with the form of action and the facts of the case. See 1 Chitty, Plead. 519.
As to the form of the replication : The title contains the name of the court, and the term of which it is pleaded, and in the margin the names of the plaintiff and defendant. 2 Chitty, Plead. 641.
The commencement is that part which im mediately follows the title, and contains a general denial of the effect of the defendant's plea,; When the plea is to the jurisdiction, it contains a statement that the writ ought not to be gnashed, or that the court ought not to be ousted of their jurisdiction. Rastell, Entr. 101. When misnomer is pleaded, no such allegation is required. 1 Bos. & P. 61.
When matter in estoppel is replied, it is, in general, in the words " and the said plain tiff saith that the said defendant." When the replication denies or confesses and avoids the plea, it contains a precludi non, which see.
3. The body should contain— Mager qf estoppel, which should be set forth in the replication if it does not appear from the previous pleadings : as, if the matter has been tried upon a particular issue in trespass and found by the jury, 3 East, 346 ; 4 Mass.
443 ; 4 Dan. Ky. 73 ; denial of the truth of the plea, either of the whole plea, which may be by a denial of the fact or facts constituting a single point in express words, 12 Barb. N. Y. 573 ; 36 N. II. 232; 28 Vt. 279 ; 1 ilumphr. Tenn. 524 ; or by the general repli cation and injuria, etc., according to the form of action, 1 Chitty, Plead. 525 ; 8 Coke, 67 ; 1 Bos. & P. 79 ; 13 Ill. 80 ; 19 Vt. 329 ; or of a part of the plea, which may be of any material fact, 20 Johns. N. Y. 406 ; 13 T. B. Monr. Ky. 288, and of such only. 20 N. H.323 ; 21 id. 425 ; 37 Eng. L. & Eq. 479 ; 9 Gill, Md. 310 • 3 Pet. 31 ; or of matter of right result ing 'from facts, 2 W. Blackst. 776 ; 1 Saund. 23 a, n. 5 ; 10 Ark. 147 ; see 2 Iowa, 120 ; and see TRAVERSE ; a confession and avoid ance, 23 N. H. 535 ; 2 Den. N. Y. 97 ; 10 Mass. 226 ; see CONFESSION AND AVOIDANCE ; a new assignment, which see.
1. The conclusion should be to the country when the replication denies the whole of the defendant's plea containing matter of fact, 2 McLean, C.C. 92. 7 Pick. Mass. 117; 1 Johns. N. Y. 516, as we'll where the plea is to the jurisdiction, Clifton, Entr. 17 ; 1 Chitty, Plead. 385, as in bar, 1 Chitty, Plead. 554 ; but with a verification iyhen new matter is intro duced. 1 Saund. 103, a.; 17 Pick. Mass. 87 ; 1 Brev. No. C. 11 ; 11 Johns. N. Y. 56. See 5 Ind. 264. The conclusions in particular cases are stated in 1 Chitty, Plead. 615 et seq. ; Coinyns, Dig. Pleader (F 5). See 1 Saund. 103, n.; 2 Caines, N. Y. 60 ; 1 Johns. N. Y. 516 ; 2 id. 428 ; Archbold, Civ. Plead. 258 ; 19 Viner, Abr. 29 Bacon, Abr. Trespass (1 4) ; Doctrina Plac. 428 ; Beames, Eq. Plead. 247, 325, 326.
.A8 to the qualities of a replication. It must be responsive to the defendant's plea, 17 Ark. 365 ; 4 McLean, C. C. 521 ; answer ing all which it professes to answer, 12 Ark. 183 ; 8 Ala. N. s. 375 ; and if bad in part is bad altogether, 1 Saund. 338 ; 7 Cranch 156; 32 Ala. N. s. 506 ; directly, 10 East, 205'; see 7 Blackf. Ind. 481 ; without departing from the allegations of the declaration in any. material matter, 2 Watts, Penn. 306 ; 4 Munf. 205 ; 2 Root, Conn. 388; Hill & D. N. Y.340; 22 N. H. 303 ; 5 Blackf. Ind. 306 ; 4 M'Cord, So. C. 93 ; 1 Ill. 26 ; see DEPARTURE ; with. certainty, 6 Fla. 25 • see CERTAINTY ; and without duplicity. 4'111. 423 ; 2 Halst. N. J. 77; Day. Dist. Ct. 236 ; 14 N. H. 373 ; IIempst. C. C. 238 ; 26 Vt. 397 ; 4 Wend. N. Y. 211. See DUPLICITY. See, generally, Bouvier, Inst. Index.