Repleader

2 definitions found

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

  Repleader \Re*plead"er\ (-?r), n. (Law)
     A second pleading, or course of pleadings; also, the right of
     pleading again.
     [1913 Webster]
  
           Whenever a repleader is granted, the pleadings must


           begin de novo.                           --Blackstone.
     [1913 Webster]

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

  REPLEADER, practice. When an immaterial issue has been formed, the court 
  will order the parties to plead de novo, for the purpose of obtaining a 
  better issue this is called a repleader. 
       2. In such case, they must begin to replead at the first fault. If the 
  declaration, plea and replication be all bad, the parties must begin de 
  novo, if the plea and replication be both bad and a repleader is awarded, it 
  must be as to both; but if the declaration and plea be good, and the 
  replication only bad, the parties replead from the replication only. 
       3. In order to elucidate this point, it may be proper to give an 
  instance, where the court awarded a repleader for a fault in the plea, which 
  is the most ordinary cause of a repleader. An action was brought against 
  husband and wife, for a wrong done by the wife alone, before the marriage, 
  and both pleaded that they were not guilty of the wrong imputed to them, 
  which was held to be bad, because there was no wrong alleged to have been 
  committed by the husband, and therefore a repleader was awarded, and the 
  plea made that the wife only was not guilty. Cro. Jac. 5. See other 
  instances in: Hob. 113: 5 Taunt. 386. 
       4. The following rules as to repleaders were laid down in the case of 
  Staples v. Haydon, 2 Salk. 579. First. That at common law, a repleader was 
  allowed before trial, because a verdict did not cure an immaterial issue, 
  but now a repleader ought not to be allowed till after trial, in any case 
  when the fault of the issue might be helped by the verdict, or by the 
  statute of jeofails. Second. That if a repleader be allowed where it ought 
  not to be granted, or vice versa, it is error. Third. That the judgment of 
  repleader is general, quod partes replacitent, and the parties must begin at 
  the first fault, which occasioned the immaterial issue. Fourth. No costs are 
  allowed on either side. Fifth. That a repleader cannot be awarded after a 
  default at nisi prius; to which may be added, that in general a repleader 
  cannot be awarded after a demurrer or writ of error, without the consent of 
  the parties, but only after issue joined; where however, there is a bad bar, 
  and a bad replication, it is said that a repleader may be awarded upon a 
  demurrer; a repleader will not be awarded where the court can give judgment 
  on the whole record, and it is not grantable in favor of the person who made 
  the first fault in pleading. See Com. Dig. Pleader, R 18; Bac. Abr. Pleas, 
  M; 2 Saund. 319 b, n. 6; 2 Vent. 196; 2 Str. 847; 5 Taunt. 386; 8 Taunt. 
  413; 2 Saund. 20; 1 Chit. Pl. 632; Steph. pl. 119; Lawes, Civ. Pl. 175. 
       5. The difference between a repleader and a judgment non obstante 
  veredicto, is this; that when a plea is good in form, though not in fact, or 
  in other words, if it contain a defective title or ground of defence by 
  which it is apparent to the court, upon the defendant's own showing, that in 
  any way of putting it, he can have no merits, and the issue joined thereon 
  be found for him there, as the awarding of a repleader could not mend the 
  case, the court for the sake of the plaintiff will at once give judgment non 
  obstante veredicto; but where the defect is not so much in the title as in 
  the manner of stating it, and the issue joined thereon is immaterial, so 
  that the court know not for whom to give judgment, whether for the plaintiff 
  or defendant, there for their own sake they will award a repleader; a 
  judgment, therefore, non obstante veredicto, is always upon the merits, and 
  never granted but in a very clear case; a repleader is upon the form and 
  manner of pleading. Tidd's Pr. 813, 814; Com. Dig. Pleader, R 18 Bac. Abr. 
  Pleas, M; 18 Vin. Ab. 567; 2 Saund. 20; Doct. Plac. h.t.; Arch. Civ. Pl. 
  258; 1 Chit. Pl. 632; U. S. Dig. XII.