Imparlance

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Imparlance \Im*par"lance\, n. [Cf. {Emparlance}, {Parlance}.]
     [Written also {inparliance}.]
     1. Mutual discourse; conference. [Obs.]
        [1913 Webster]
  
     2. (Law)


        (a) Time given to a party to talk or converse with his
            opponent, originally with the object of effecting, if
            possible, an amicable adjustment of the suit. The
            actual object, however, has long been merely to obtain
            further time to plead, or answer to the allegations of
            the opposite party.
        (b) Hence, the delay or continuance of a suit.
            [1913 Webster]
  
     Note: Imparlance and continuance by imparlance have been
           abolished in England. --Wharton (Law Dict. ).
           [1913 Webster]

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

  IMPARLANCE, pleading and practice. Imparlance, from the French, parler, to 
  speak, or licentia loquendi, in its most general signification, means time 
  given by the court to either party to answer the pleading of his opponent, 
  as either, to plead, reply, rejoin, &c., and is said to be nothing else but 
  the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the 
  more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2 
  Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94. 
       2. Imparlances are of three descriptions: First. A common or general 
  imparlance. Secondly. A special imparlance. Thirdly. A general special 
  imparlance. 
       3.-1. A general imparlance is the entry of a general prayer. and 
  allowance of time to plead till the next term, without reserving to the 
  defendant the benefit of any exception; so that, after such an imparlance, 
  the defendant cannot object to the jurisdiction of the court, or plead any 
  matter in abatement. This kind of imparlance is always from one term to 
  another. 
       4.-2. A special imparlance reserves to the defendant all exception to 
  the writ, bill, or count; and, therefore, after it, the defendant may plead 
  in abatement, though not to the jurisdiction of the court. 
       5.-3. A general special imparlance contains a saving of all 
  exceptions whatsoever, so that the defendant, after this, may plead, not 
  only in abatement, but he may also plead a plea which affects the 
  jurisdiction of the court, as privilege. He cannot, however, plead a tender, 
  and that he was always ready to pay, because, by craving time, he admits he 
  is not ready, and so falsifies his plea. Tidd's Pr. 418, 419. The last two 
  kinds of imparlances are, it seems, sometimes from one day to another in the 
  same term. See, in general, Com. Dig Abatement, I 19, 20, 21; 1 Chit. Pl. 
  420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig. Pleader, D; 1 Sell. Pr. 
  265; Doct. Pl. 291; Encycl. de M. D'Alembert, art. Delai (Jurisp.)