Oyer


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OYER, pleading. Oyer is a French word signifying to hear; in pleading it is a prayer or petition to the court, that the party may hear read to him the deed, &c., stated in the pleadings of the opposite party, and which deed is by intendment of law in court, when it is pleaded with a profert.
     2. The origin of this form of pleading, we are told, is that the generality of defendants, in ancient times, were themselves incapable of reading. 3 Bl. Com. 299.
     3. Oyer is, in some cases demandable of right, and in others it is not. It may be demanded of any speciality or other written instrument, as bonds of all sorts, deeds poll, indentures, letters testamentary, and of administration, and the like, of which a profert in curiam is necessarily made by the adverse party. But if the party be not bound to plead the specialty or instrument with a profert, and he pleads it with one, it is but surplusage, and the court will not compel him to give oyer of it. 1 Salk. 497. Oyer is not now demandable of the writ, and if it be demanded, the plaintiff may proceed as if no such demand were made. Dougl. 227; 3 B. & P. 398; 1 B.& P. 646, n. b. Nor is oyer demandable of a record, yet if a judgment or other record be pleaded in its own court, the party pleading it must give a notice in writing of the term and number roll whereon such judgment or matter of record is entered or filed in default of which the plea is not to be received. Tidd's Pr. 529.
     4. To deny over when it ought to be granted is error; and in such case the party making the claim, should move the court to have it entered on record, which is in the nature of a plea, and the plaintiff may counterplead the right of oyer, or strike out the rest of the pleading, following the oyer, and demur; 1 Saund. 9 b, n. 1; Bac. Abr. Pleas, 1; upon which the judgment of the court is either that the defendant have oyer, or that he answer without it. Id. ibid.; 2 Lev. 142; 6 Mod. 28. On the latter judgment, the defendant may bring a writ of error, for to deny oyer when it ought to be granted, is error, but not e converso. Id. ibid.; 1 Blackf. R. 126. See, in general, 1 Saund. 9, n. 1; 289, in. 2; 2. Saund. 9, n. 12, 13; 46, n. 7; 366, n. 1; 405, n. 1; 410, n. 2; Tidd's Pr. 8 ed. 635 to 638, and index, tit. Oyer; 1 Chit. Pl. 369 to 375; Lawes on Civ. Pl. 96 to 101; 16 Vin. Ab. 157; Bac. Abr. Pleas, &c., I 12, n. 2; Arch. Civ. Pl. 185; 1 Sell. Pr. 260; Doct. Pl, 344; Com. Dig. Pleader, P Abatement, I 22; 1 Blackf. R. 241, 3 Bouv. Inst. n. 2890.

References in periodicals archive ?
What is also unique about this service is that it can be managed remotely as long as you have access to the Internet," said Oyer.
He disposed of them with ITCH; JINX; OYER, AGLY; TAXT, TALI, TARI; ONCA, ONDE, ANCE; HYEN; INVY.
Kuhnen, Northwestern University, and Paul Oyer, Stanford University and NBER, "Exploration for Human Capital: Theory and Evidence from the MBA Labor Market"
As newcomers to a country that has now oyer 5 million unemployed, it's hard to generate any sympathy here.
The beginning of life," beamed Carolyn Carter, an artist who specializes in many forms of egg art - from the Ukrainian art of Pysanky to the Lithuanian art of Margutis to Oyer Schritzel, a process that relies on onion skins to dye the shell.
Starting in June, any time a store working with me on our lollipops has a grand opening we are going to send to the store, at our charge, 2,400 lollipops for free to be given out oyer a two-day period," Richard Alimenti, CEO of the Salem, N.
Put caramel sauce and salt in a small saucepan and heat oyer medium heat until sauce is warm but not boiling and salt dissolves, 1 to 2 minutes.
The 2011 honorees include Kris Beyer '86 (Swimming), Frank Hamblen '69 (Basketball), Joseph Krivak '57 (Football and Baseball), James Kuhn '70 (Fencing), Felisha Legette-Jack '89 (Basketball), Run Oyer '66 (Football), Anthony Paskevich Jr.
Oyer used Pierce's diaries to write much of The American Jungle and its sequel, The Last Egret.
10) Report of the trials of Charles de Reinhard, and Archibald M'Lellan, for murder: at a Court of Oyer and Terminer, held at Quebec, May 1818,fwm minutes taken in short-hand, under the sanction of the court (Montreal: Printed by James Lane and Nahum Mower, 1818.
Except for females within the same family group, males may have more intraspecific contacts than females, due to formation of bachelor groups and behavior during rut (Hirth, 1977; Oyer et al.