Rep`li`ca´tion Pronunciation: ~k?´sh?n
REPLICATION, pleading. The plaintiff's answer to the defendant's plea.
2. Replications will be considered, 1. With regard to their several
kinds. 2. To their form. 3. To their qualities.
3.-Sec. 1. They are to pleas in abatement and to pleas in bar.
4.-1. When the defendant pleads to the jurisdiction of the court, the
plaintiff may reply, and in this case the replication commences with a
statement that the writ ought not to be quashed, or that the court ought not
to be ousted of their jurisdiction, because &c., and concludes to the
country, if the replication merely deny the subject-matter of the plea.
Rast. Entr. 101 Thomps. Entr. 2; Clift's Entr. 17; 1 Chit. Pl. 434. As a
general rule, when the plea is to the misnomer of the plaintiff or
defendant, or when the plea consists of matter of fact which the plaintiff
denies, the replication may begin without any allegation that the writ or
bill ought not to be quashed. 1 Bos. & Pull. 61.
5.-2. The replication is, in general, governed by the plea, and most
frequently denies it. When the plea concludes to the country, the plaintiff
must, in general, reply by adding a similiter; but when the plea concludes
with a verification, the replication must either, 1. Conclude the defendant
by matter of estoppel; or, 2. May deny the truth of the matter alleged in
the plea, either in whole or in part; or, 3. May confess and avoid the plea;
or, 4. In the case of an evasive plea, may new assign the cause of action.
For the several kinds of replication as they relate to the different forms
of action, see 1 Chit. Pl. 551, et seq.; Arch. Civ. Pl. 258.
6.-Sec. 2. The form of the replication will be considered with regard
to, 1. The title. 2. The commencement. 3. The body. 4. The conclusion.
7.-1. The replication is usually entitled in the court and of the term
of which it is pleaded, and the names of the plaintiff and defendant are
stated in the margin, thus "A B against C D." 2 Chit. Pl. 641.
8.-2. The commencement is that part of the replication which
immediately follows the statement of the title of the court and term, and
the names of the parties. It varies in form when it replies to matter of
estoppel from what it does when it denies, or confesses and avoids the plea;
in the latter case it commences with an allegation technically termed the
preclude non. (q.v.) It generally commences with the words, "And the said
plaintiff saith that the said defendant," &c. 1 Chit. Pl. 573.
9.-3. The body of the replication ought to contain either. 1. Matter of
estoppel. 2. Denial of the plea. 3. A confession and avoidance of it; or, 4.
In case of an evasive plea, a new assignment. 1st. When the matter of
estoppel does not appear from the anterior pleading, the replication should
set it forth; as, if the matter has been tried upon a particular issue in
trespass, and found by the jury, such finding may be replied as an estoppel.
3 East, R. 346; vide 4 Mass. R. 443. 2d. The second kind of replication is
that which denies or traverses the truth of the plea, either in part or in
whole. Vide Traverse, and 1 Chit. Pl. 576, note a. 3d. The third kind of
replication admits, either in words or in effect, the fact alleged in the
plea, and avoids the effect of it by stating new matter. If, for example,
infancy be pleaded, the plaintiff may reply that the goods were necessaries,
or that the defendant, after he came of full age, ratified and confirmed the
promise. Vide Confession and Avoidance. 4th. When the plea is such as merely
to evade the allegation in the declaration, the plaintiff in his replication
may reassign it. Vide New Assignment, and 1 Chit. Pl. 601.
10.-4. With regard to the conclusion, it is a general rule, that when
the replication denies the whole of the defendant's plea, containing matter
of fact, it should conclude to the country. There are other conclusions in
particular cases, which the reader will find fully stated in 1 Chit. Pl.
615, et seq.; Com. Dig. Pleader, F 5 vide 1 Saund. 103, n.; 2 Caines' R. 60
2 John. R. 428; 1 John. R. 516; Arch. Civ. Pl. 258; 19 Vin. Ab 29; Bac. Ab.
Trespass, I 4; Doct. Pl. 428; Beames' Pl. in Eq. 247, 325, 326.
11.-Sec. 3. The qualities of a replication are, 1. That it must answer
so much of the defendant's plea as it professes to answer, and that if it be
bad in part, it is bad for the whole. Com. Dig. Pleader, F 4, W 2; 1 Saund.
338; 7 Cranch's Rep. 156. 2. It must not depart from the allegations in the
declaration in any material matter. Vide Departure, and 2 Saund. 84 a, note
1; Co. Lit. 304 a. See also 3 John. Rep. 367; 10 John. R. 259; 14 John., R.
132; 2 Caines' R. 320. 3. It must be certain. Vide Certainty. 4. It must be
single. Vide U. S. Dig. Pleading, XI.; Bouv. Inst. Index, h.t.; Duplicity;
, De Vries theory
, Galtonian theory
, Verworn theory
, Weismann theory
, Wiesner theory
, back answer
, back talk
, evasive reply
, genetic code
, inborn capacity
, ready reply
, recessive character
, short answer
, snappy comeback
, witty reply
, witty retort
, yes-and-no answer