英文字典中文字典


英文字典中文字典51ZiDian.com



中文字典辞典   英文字典 a   b   c   d   e   f   g   h   i   j   k   l   m   n   o   p   q   r   s   t   u   v   w   x   y   z       







请输入英文单字,中文词皆可:

repleader    
n. 第二次申诉

第二次申诉

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]

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.


请选择你想看的字典辞典:
单词字典翻译
repleader查看 repleader 在百度字典中的解释百度英翻中〔查看〕
repleader查看 repleader 在Google字典中的解释Google英翻中〔查看〕
repleader查看 repleader 在Yahoo字典中的解释Yahoo英翻中〔查看〕





安装中文字典英文字典查询工具!


中文字典英文字典工具:
选择颜色:
输入中英文单字

































































英文字典中文字典相关资料:


  • Search - Bing
    Enjoy AI-powered search and earning Microsoft rewards with every search
  • Bing
    OK
  • Microsoft Bing | Get to know Bing
    Copilot Search in Bing gives you quick, summarized answers with cited sources and suggestions for further exploration, making it easier than ever to discover more
  • Bing Tests Related Search Interfaces
    Microsoft Bing has been testing some new interfaces for its related searches Some of these interfaces are boxed at the top right section, while others seem to float over elements on the
  • Bing Tests Knowledge Panels With Related Searches Box
    Microsoft is testing adding a new box to the knowledge panels within Bing that show related searches This is obviously to encourage searches to do more queries, to generate more ads and more
  • How To See All Bing Related Searches - UMA Technology
    This guide shows you where Bing displays related searches, how to reveal more of them on desktop and mobile, and how to use Bing’s official tools to expand your list without relying on risky scraping methods
  • explainshell. com - bing relatedsearch version
    bing (1sr) distro arch latest ubuntu 26 04 relatedsearch version surfraw (1) search tools
  • Microsoft Bing | Conoce Bing
    Mejore su experiencia de búsqueda con Microsoft Bing, el motor de búsqueda rápido, seguro y con tecnología de IA Descubra el rendimiento de clase mundial, la seguridad integrada y las herramientas avanzadas para ayudarlo a encontrar lo que necesita de forma rápida y segura
  • Microsoft’s New Bing has Changed Online Search in the Last 6
    Microsoft’s New Bing has shifted online search from “ranked links only” to “answers that behave like a research assistant ” In the last several releases (roughly the past 6 months in consumer rollout terms), the practical impact is that users now get synthesized responses, references citations, and multi-step chat inside the search experience
  • Learn to use Bing search operators - tecnobits. com
    In this article, We tell you in detail how to take advantage of all Bing operators, its differences from other search engines, practical advice, and many tricks that will make your searches much more effective





中文字典-英文字典  2005-2009