Imparlance
Legal Definition and Related Resources of Imparlance
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Imparlance
Originally the time given to the parties with a view to discussing a settlement. Later, it has come to denote the time given a defendant to plead. Also, a discussion between parties to an action for the purpose of amicably settling the matter in controversy.
Imparlance Alternative Definition
(from Fr. parler, to speak). In pleading and practice. Time given by the court to either party to answer the pleading of his opponent; as, either to plead, reply, rejoin, etc. It is said to be nothing else but the continuance of the cause till a further day. Bac. Abr. "Pleas" (C). In this sense, imparlances are no longer allowed in English practice, 8 Chit. Prac. 700. Time to plead. This is the common signification of the word. 2 Wm. Saund. 1, note 2; 2 Show. 310; Barnes, 346; Lawes, Civ. PI. 93. In this sense, imparlances are not recognized in American law, the common practice being for the defendant to enter an appearance, when the cause stands continued, until a fixed time has elapsed within which he may file his plea. See "Continuance." General Imparlance. 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. 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 that he is not ready, and so falsifies his plea. Tidd, Prac. 418, 419. 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. See Comyn, Dig. "Abatement" (I 19, 20, 21), "Pleader" (D); 1 Chit. PI. 420; 1 Sellon, Prac. 265; Bac. Abr. "Pleas" (C).
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Imparlance