COLOR. In Pleading. An apparent but legally insufficient ground of action ad mitted to subsist in the opposite party by the pleading of one of the parties to an ac tion. 3 Bla. Com. 309; 4 B. & C. 547. To give color is to give the plaintiff credit for having an apparent or prima facie right of action, independent of the matter intro duced to destroy it, in order to introduce new matter in avoidance of the declaration. It was necessary that all pleadings in con fession and avoidance should give color. See 3 Bla. Com. 309, n.; 1 Chit. Pl. 531.
Empress color is a feigned matter pleaded by the defendant, from which the plaintiff seems to have a good cause, whereas he has in truth only an appearance or color of cause. Bacon, Abr. Trespass, I, 4 ; 1 Chit. Pl. 530. It was not allowed in the plaintiff to traverse the colorable right thus given ; and it thus became necessary to answer the plea on which the defendant intended to rely.
Implied color is that which arises from the nature of the defence; as where the defence consists of matter of law, the facts being ad mitted but their legal sufficiency denied by matters alleged in the plea. 1 Chit. Pl. 528 ; Steph. Pl. 206.
By giving color the defendant could re move the decision of the case from before a jury and introduce matter in a special plea, which would otherwise oblige him to plead the general issue; 3 Bla. Com. 309.
The colorable right must be plausible or afford a supposititious right such as might induce an unlearned person to imagine it sufficient, and yet it must be in legal strict ness inadequate to defeat the defendant's title as shown in the plea; Comyns, Dig. Pleading; Keilw. 1036 ; 1 chit. Pl. 531; 4 Dane, Abr. 552 ; Archb. Pl. 211.