SECTION 61. THE PLEA. DEFINITION AND NATURE. The plea in equity is entirely different in its nature from any form of common law pleading. The nature of a plea is thus described by Mr. Fletcher in his work on Equity Pleading:1 "Where an objection to the bill is not apparent on the bill itself, the defendant, if he wishes to take advantage of it, must show to the court the matter which creates the objection, by answer or plea. A plea is a special answer showing or relying upon one or more things as a cause why the suit should be either dismissed, delayed, or barred. It has been said to differ from an answer in the common form, as it demands the judgment of the court, in the first instance, whether the special matter urged for it does not debar the complainant from his title to that answer which the bill requires. A plea which sets forth nothing except what appears on the face of the bill is bad, and must be overruled, although the objection, if raised, by demurrer, would have been valid, as the proper office of a plea is to bring forth fresh matter not apparent in the bill. Every defense which may be a full answer to the merits of the bill is not, as of course, to be considered as entitled to be brought forward by way of plea. Where a defense consists in a variety of circumstances, there is no use in a plea. The examination must still be at large, and the effect of allowing such a plea will be that the court will give their judgment upon the circumstances of the case before they are made out by proof. The true end of a plea is to save the parties the expense of an examination of the witnesses at large. The defense proper for a plea is such as reduces the cause, or some part of it, to a single point, or to the point to which the plea applies. Hence, a plea, in order to be good, whether it be affirmative or negative, must be either an allegation or a denial of some leading fact, or of matters which, taken collectively, make out some general fact, which is a complete defense.' But although the defense offered by way of plea would consist of a great variety of circumstances, yet, if they all tend to a single point, the plea may be good.' SECTION 62. CLASSIFICATION OF PLEAS. Pleas are divided into, (a) Pleas in abatement, and (b) Please in bar. And also into; (a) Pure pleas. (b) Negative pleas, and (c) Anomalous pleas. SECTION 63. PLEAS IN ABATEMENT. Pleas in abatement, or dilatory pleas, include pleas to the jurisdiction of the court, pleas to the person either of the complainant or defendant, and pleas to the bill. The latter class includes pleas to the following effect: National Hollow Brake Beam Co. vs. Interchangeable Brake 7 Story, Eq. Pl., Sec. 652; Saltur vs. Tobias, 7 Johns; Ch. (N. Y.), 214. 8 Hazard vs. Durant, 25 Fed., 20 Cooper, Eq. Pl., 225. (a) That there is another suit depending in a court of equity for the same matter and between substantially the same parties; or (b) That there is a want of proper parties to the bill; or (c) That to sustain the proceeding would cause a multiplicity of suits; or (d) That the bill is multifarious, in joining or confounding distinct and separate matters in the same suit. SECTION 64. PLEAS IN BAR. A plea in bar is one which opposes a bill on its merits, and which, if true, will constitute a complete defense to the bill. pais. Pleas in bar are classified as follows: (1) Pleas in bar resting on statute. (b) The statute of frauds. (c) Any other statute creating a bar. (a) A judgment at law in a court of record. (3) Pleas in bar depending on some matters in a) A release. (b) A stated account. (c) A settled account. (e) That the defendant is a purchaser for a valuable consideration. (f) Title in the defendant. SECTION 65. PURE PLEAS. A pure or affirmative plea is one in the nature of a pleading by the way of confession and avoidance. Such a bill admits the matter pleaded in the bill, and then sets up matters not apparent on the face of the bill, such as payment or release, as a defense. SECTION 66. NEGATIVE PLEAS. A negative plea denies one or more matters contained in the complainant's bill. In order for a plea of this character to constitute a sufficient defense, the matter denied must be material to the complainant's cause. SECTION 67. ANOMALOUS PLEAS. An anomalous plea is one which contains both affirmative and negative matter. Anomalous pleas are of two kinds. (a) Where the complainant in the charging part of his bill has anticipated a defense of the defendant and then proceeded to deny it, and the defendant sets up the anticipated defense and denies the denial of the complainant. (b) Where the defendant in his plea alleges matter inconsistent with certain matter in the complainant's bill and denies such inconsistent matter. SECTION 68. PLEA SUPPORTED BY ANSWER. A defendant may plead to one part of a bill and answer the rest. In addition wherever the defendant files a plea, and the complainant's bill contains interrogatories relative to the matters put in issue by the plea, the defendant must support his plea with an answer to such interrogatories. This can only happen in the case of negative and anomalous pleas. SECTION 69. PLEAS OVERRULED BY ANSWER. Wherever the defendant both pleads and answers, and the plea and the answer both cover the same ground, the plea will be overruled by the answer. SECTION 70. ADMISSION BY PLEAS. A plea (for the purpose of the determination of the issue raised by the plea only) admits all facts well pleaded, and not denied by the plea. SECTION 71. EFFECT OF ORDER SUSTAINING OR OVERRULING PLEA. If a plea is sustained as to its sufficiency it is a full bar to so much of the bill as it covers if the facts therein be true, and a replication must be filed thereto. A decision in favor of the defendant on the facts contained in the plea, will be a final decision as to the part covered. Upon a plea being overruled the defendant will generally be allowed to answer. |