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 .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
SADP - HiTools - Hikvision Global SADP - HiTools - Hikvision Global
SADP - HiTools - Hikvision Global By downloading and using software and other materials available via this website, you agree to be legally bound by HIKVISION Materials License Agreement
Hikvision SADP - Download - Softpedia SADP is a lightweight, yet effective application that can help you detect online suitable devices on your network and modify their parameters according to your needs
Hikvision SADP - Download for Win 11 10 - FileHorse Download Hikvision SADP for Windows PC - Safe and Secure from FileHorse Searches for corresponding online Hikvision devices on your subnet
HIKVISION UK PORTAL Download Portal United Kingdom Notice: We have released a new firmware search feature, please visit Here to check for the latest firmware updates Home » portal » Software » Software Tools » SADP
Download SADP Tool for Hikvision — SecurityCamCenter. com Links to download the SADP for Hikvision devices, for Windows and Mac computers This tool helps locate the IP addresses of the Hikvision equipment
SADP Tool - CCTV Camera System Store SADP software is used for searching the online devices in the same network It supports viewing the device information, activating the device, editing the network parameters of the device and resetting the device password, etc Please click the link below to download the file you need
DOWNLOAD EU PORTAL - hikvisioneurope. com Home » portal » Technical Materials » 11 Software【For Latest Tools Software, please download directly from Hikvision Website】 » 00 Software Tool Package » 01 SADP Tools » V3 0 2 4
SADP Tool (Windows) (EZ HDC Recorders IP Cameras) Download the 2 files in the section "vcredist_x86 exe" and "vcredist_x64 exe"
SADP Tool Download, Installation Setup 2026 In this guide, I’ll explain what SADP Tool is, how it works, its features, and how you can use it step by step Whether you’re a CCTV installer or a first-time user trying to configure your camera, this article will help you