Definition of IMPARLANCE


IMPARLANCE

pleading and practice. Imparlance, from the French,
parler, to speak, or licentia loquendi, in its most general
signification, means time given by the court to either party to
answer the pleading of his opponent, as either, to plead, reply,
rejoin, &c., and is said to be nothing else but the continuance of
the cause till a further day. Bac. Abr. Pleas, C. But the more
common signification of the term is time to plead. 2 Saund. 1, n.
2; 2 Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.

2. Imparlances are of three descriptions: First. A common or
general imparlance. Secondly. A special imparlance. Thirdly. A
general special imparlance.

3. - 1. A general imparlance is 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.

4.-2. A 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.

5. - 3. A 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 he is not ready, and so
falsifies his plea. Tidd s Pr. 418, 419. The last two kinds of
imparlances are, it seems, sometimes from one day to another in
the same term. See, in general, Com. Dig Abatement, I 19, 20, 21;
1 Chit. Pl. 420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335; Com. Dig.
Pleader, D; 1 Sell. Pr. 265; Doct. Pl. 291; Encycl. de M.
D Alembert, art. Delai (Jurisp.)

Source: Bouviers Law Dictionary 1856 Edition

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