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The return of a sheriff on a writ, when the defendant is not found in his county. Bouvier.

times entered by order of the court, for the plaintiff, notwithstanding a verdict for the defendant. Stephen.

The omission of some person who ought to have been made a plaintiff or defendant in a suit, or of some cause of action which ought to be joined.

A plea of a defendant that he did not hold the land, as affirmed.

cally, one who attacks some theirs or proposition, in distinction from the respondent, or defendant, who maintains it. How becomingly does Philopolis exercise his office, and seasonably commit the opponent with the respondent, like a long-practiced moderator! Dr. H. More.

A hearing or an inspection, as of a deed, bond, etc., as when a defendant in court prays oyer of a writing. Blackstone. Oyer and terminer (Law), a term used in England in commissions directed to judges of assize about to hold court, directing them to hear and determine cases brought before them. In the U.S. the phrase…

The plaintiff or the defendant in a lawsuit, whether an individual, a firm, or corporation; a litigant. The cause of both parties shall come before the judges. Ex. xxii. 9.

-- Peremptory mandamus, a final and absolute mandamus. -- Peremptory plea, a plea by a defendant tending to impeach the plaintiff's right of action; a plea in bar.

y suit; also (Scots Law), a suit wherein the plaintiff claims something as due him by the defendant. Burrill.

ersonal action or suit to obtain a remedy for an injury to his rights; -- opposed to Ant: defendant.

distinguished from a demurrer; in a still more limited sense, and in modern practice, the defendant's answer to the plaintiff's declaration and demand. That which the plaintiff alleges in his declaration is answered and repelled or justified by the defendant's plea. In chancery practice, a plea is a special answer show…

The mutual pleas and replies of the plaintiff and defendant, or written statements of the parties in support of their claims, proceeding from the declaration of the plaintiff, until issue is joined, and the question made to rest on some single point. Blackstone.

To collude, as where an informer colludes with the defendant, and makes a sham prosecution.

A sham dealer; one who colludes with a defendant in a sham prosecution.

nal, from the beginning to the end of the suit; strictly, the means used for bringing the defendant into court to answer to the action; -- a generic term for writs of the class called judicial. Deacon's process Etym: [from H. Deacon, who introduced it] (Chem.), a method of obtaining chlorine gas by passing hydrochloric…

ution will put them upon considering." Locke. (h) (Law) To rest upon; to submit to; as, a defendant puts himself on or upon the country. Burrill. -- To put out. (a) To eject; as, to put out and intruder. (b) To put forth; to shoot, as a bud, or sprout. (c) To extinguish; as, to put out a candle, light, or fire. (d) To…

m: [L., as much as he merited] (Law), a count in an action grounded on a promise that the defendant would pay to the plaintiff for his service as much as he should deserve. -- Quantum sufficit (, or Quantum suff. Etym: [L., as much suffices] (Med.), a sufficient quantity. -- Quantum valebat ( Etym: [L., as much at it…

rity. Commission of rebellion (Eng. Law), a process of contempt on the nonappearance of a defendant, -- non abolished. Wharton. Burrill.

ff's surrejoinder. The plaintiff may answer the rejoinder by a surrejoinder; on which the defendant. Blackstone.

f evidence on the part of a plaintiff to destroy the effect of evidence introduced by the defendant in the same suit.