CONUSANCE definition

CONUSANCE





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1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  CONUSANCE, CLAIM OF, English law. This is defined to be an intervention by a 
  third person, demanding judicature in the cause against the plaintiff, who 
  has chosen to commence his action out of claimant's court. 2 Wilson's R. 
  409. 
       2. It is a question of jurisdiction between the two courts Fortesc. R. 
  157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in the 


  case of plea to the jurisdiction, and therefore it must be demanded by the 
  party entitled to conusance, or by his representative, and not by the 
  defendant or his attorney. Id. ibid. A plea to the jurisdiction must be 
  pleaded in person, but a claim of conusance may be made by attorney. 1 Chit. 
  Pl. 403. 
       3. There are three sorts of conusance. 1. Tentere placita, which does 
  not oust another court of its jurisdiction, but only creates a concurrent 
  one. 2. Cognitio placitorum, when the plea is commenced in one court, of 
  which conusance belongs to another. 3. A conusance of exclusive 
  jurisdiction; as that no other court shall hold pica, &c. Hard. 509 Bac. Ab. 
  Courts, D. 
  
  

















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