LEAVE OF COURT

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LEAVE OF COURT

LEAVE OF COURT. The grant by the court of something, which, without such grant it would have been unlawful to do. 2. Asking leave of court to do any act, is an implied admission of jurisdiction of the court, and, in those cases in which the objection to the jurisdiction must be taken, if at all, by plea to the jurisdiction, and it can be taken in no other way, the court by such asking leave becomes fully vested with the jurisdiction. Bac. Ab. Abatement, A; Bac. Ab. Pleas, &c., E 2; Lawes, Pl. 91; 6 Pick. 391. But such admission cannot aid the jurisdiction except in such cases. 3. The statute of 4 Ann. c. 16, s. 4, provides that it shall be lawful for any defendant, or tenant, in any action or suit, or for any plaintiff in replevin, in any court of record, with leave of the court, to plead as many several matters thereto, as he shall think necessary for his defence. The principles of this statute have been adopted by most of the states of the Union. 4. When the defendant, in pursuance of this statute, pleads more than one plea in bar, to one and the same demand, or thing, all of the pleas, except the first, should purport to be pleaded with leave of the court. But the omission is not error nor cause of demurrer. Lawes, Pl. 132; 2 Chit. Pl. 421; Story, Pl. 72, 76; Gould on Pl. c. 8, Sec. 21; Andr. 109; 3 N. H. Rep. 523.

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