The same pleas may be made to bills seeking discoveiy as to those seeking relief; but matter which constitutes a good plea to a bill for relief does not necessarily to a bill for discovery merely. See Story, Eq. Pl. § 816; Mitf. Eq. Pl. Jer. ed. 281. The same kind of pleas may be made to bills not original as to original bills, in many cases, according to their respective natures. Pe culiar defences to each may, however, be sometimes urged by plea ; Story, Eq. Pl. § 826; Mitf. Eq. Pl. Jer. ed. 288.
Effect of a plea. A plea may extend to the whole or a part, and if to a part only must express Nyhich part, and an answer over-rules a plea if the two conflict; 3 Yo. & C. 683; Milligan v. Milledge, 3 Cra. (U. S.) 220, 2 L. Ed. 417. The plea may be ac companied by an answer fortifying it with a protest against waiver of the plea there by ; Story, Eq. Pl. § 695. A plea or argu moat may be allowed, in which case it is a fall bar to so much of the bill as it covers, if true; Mitford, Eq. Pl. Jer. ed. 301; or the benefit of it may be saved to the hear ing, which decides it valid so far as then ap pears, but allows matter to be disclosed in evidence to invalidate lt, or it may be or dered to stand for an answer, which decides that it may be a part of a defence; Leacraft v. Demprey, 4 Paige, Ch. (N. Y.) 124; but is not a full defence, that the matter has been improperly offered as a plea, or it is not sufficiently fortified by answer, so that the truth is apparent; Orcutt v. Orms, 3 Paige, Ch. (N. Y.) 459.
While a defendant cannot plead merely the facts averred in the bill of complaint, but must present his objection to their suf ficiency by demurrer, yet he may present a good plea by averring along with the facts contained in the bill, other and additional facts, if both together establish a defence to the bill; Missouri P. Ry. Co. v. R. Co., 50 Fed. 151.
A plea which avoids the discovery prayed for is no evidence for defendant, even when under oath and denying a material aver ment in the bill ; Farley v. Mason, 120 U. S. 303, 7 Sup. Ct. 534, 30 L. Ed. 684.
Pleas are abolished by the new equity rules of the United States supreme court (rule 29). Defenses formerly made by plea may be made in the answer ; every point of law going to the whole or a material part of the cause of action in the bill may be dis posed of before trial at the discretion of the court.
At Law. The defendant's answer by mat ter of fact to the plaintiff's declaration, as distinguished from a i demurrer, which is an answer by matter of law.
It includes as well the denial of the truth of the allegations on which the plaintiff re lies, as the statement of facts on which the defendant relies. In an ancient use it denoted action, and is still used sometimes in that sense: as, "summoned to answer in a plea of trespass ;" Steph. Pl. 38. In a pop ular, and not legal, sense, the word is used to denote a forensic argument. It was strict ly applicable in a kindred sense when the pleadings were conducted orally by the coun sel. Steph. Pl. App. n. 1.
Pleas are either dilatory, which tend to defeat the particular action to which they apply on account of its being brought before the wrong court, by or against the wrong Person, or in an improper form ; or peremp tory, which impugn the right of action alto gether, which answer the plaintiff's allega tions of right conclusively. Dilatory pleas are to the jurisdiction of the court, in sus pension of the action, or in abatement of the writ. Peremptory pleas are in bar of the action. Steph. Pl. And. ed. 136; 1 Chitty, Pl. 425; Lawes, Pl. 36.
Of the dilatory pleas, the plea to the juris diction, if successful, disposes of the case so far as the present court is concerned ; the plea in suspension temporarily suspends the progress of the cause, and the plea in abate ment, with an effect midway between the oth er two, if sustained, disposes of the suit as instituted, but leaves the plaintiff free by a new suit, or, more commonly, in modern practice, by amendment, to proceed anew, avoiding the mistake which was the subject of the plea.
Pleas are of various kinds. In abatement. See ABATEMENT. In avoidance, called also, confession and avoidance, which admits, in words, or in effect, the truth of the matters contained in the declaration, and alleges some new matter to avoid the effect of it and show that the plaintiff is, notwithstand ing, not entitled to his action. 1 Chitty, PL 540 ; Lawes, Pl. 122.