duplicity


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duplicity

noun artifice, casuistry, chicanery, deception, dissimulation, double-dealing, duality, duplexity, equivocation, evasion, false conduct, falseness, fraud, guile, hypocrisy, insincerity, sham, trickery, two-facedness
See also: artifice, bad faith, collusion, concealment, deceit, deception, dishonesty, false pretense, falsehood, falsification, fraud, hoax, hypocrisy, imposture, improbity, indirection, knavery, misstatement, pettifoggery, pretense, pretext, ruse, story, subterfuge

DUPLICITY, pleading. Duplicity of pleading consists in multiplicity of distinct matter to one and the same thing, whereunto several answers are required. Duplicity may occur in one and the same pleading. Double pleading consists in alleging, for one single purpose or object, two or more distinct grounds of defence, when one of them would be as effectual in law, as both or all.
     2. This the common law does not allow, because it produces useless prolixity, and always tends to confusion, and to the multiplication of issues. Co. Litt. 304, a; Finch's Law, 393.; 3 Bl. Com. 311; Bac. Ab. Pleas, K 1.
     3. Duplicity may be in the declaration, or the subsequent proceedings: Duplicity in the declaration consists in joining, in one and the same count, different grounds of action, of different natures, Cro. Car. 20; or of the same nature, 2 Co. 4 a; 1 Saund. 58, n. 1; 2 Ventr. 198; Steph. Pl. 266; to enforce only a single right of recovery.
     4. This is a fault in pleading, only because it tends to useless prolixity and confusion, and is, therefore, only a fault in form. The rule forbidding double pleading "extends," according to Lord Coke, "to pleas perpetual or peremptory, and not to pleas dilatory; for in their time and place a man may use divers of them." Co. Litt. 304, a. But by this is not meant that any dilatory plea way be double, or, in other words, that it way consist of different matters, or answers to one and the same thing; but merely that, as there are several kinds or classes of dilatory pleas, having distinct offices or effects, a defendant may use "divers of them" successively, (each being in itself single,) in their proper order. Steph. Pl. App. note 56.
     5. The inconveniences which were felt in consequence of this strictness were remedied by the statute, 4 Ann. c. 16, s. 4, which 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."
     6. This provision, or a similar one, is in force, probably, in most of the states of the American Union.
     7. Under this statute, the defendant may, with leave of court, plead as many different pleas in bar, (each being a single,) as he may think proper; but although this statute allows the defendant to plead several distinct and substantive matters of defence, in several distinct pleas, to the whole, or one and the same part of the plaintiff's demand; yet, it does not authorize him to allege more than one, ground of defence in one plea. Each plea must still be single, as by the rules of the common law. Lawes, Pl. 131; 1 Chit. Pl. 512.
     8. This statute extends only to pleas to the declaration, and does not embrace replications, rejoinders, nor any of the subsequent pleadings. Lawes, Pl. 132; 2 chit. Pl. 421; Com. Dig. Pleader, E 2; Story's Pl. 72, 76; 5 Am. Jur. 260-288. Vide) generally, 1 Chit. Pl. 230, 512; Steph. Pl. c. 2, s. 3, rule 1; Gould on Pl. c. 8, p. 1; Archb. Civ. Pl. 191; Doct. Pl. 222; 5 John. 240; 8 Vin. Ab. 183; U. S. Dig. Pleading, II. e and f.

References in classic literature ?
The queen became thoughtful and smiled, like a woman to whom duplicity is no stranger.
He was astonished either at the marvelous duplicity of this man and the superior style in which he played his part, or at the good loyal faith with which he presented his request, in a situation in which concerning a million of money, risked against the blow from a dagger, amidst an army that would have looked upon the theft as a restitution.
The manoeuvres of selfishness and duplicity must ever be revolting, but I have heard nothing which really surprises me.
She has a great charm; a little artificial, a little fatigued, with a little suggestion of hidden things in her life; but I have always been sensitive to the charm of fatigue, of duplicity.
The bank had continued to take in money for a whole day after its failure was inevitable; and as many of its clients belonged to one or another of the ruling clans, Beaufort's duplicity seemed doubly cynical.
Her duplicity hurts me more than all; till the very last, if I reasoned with her, she declared herself as much attached to me as ever, and laughed at my fears.
I admit that I told you of Lebedeff's duplicity, on purpose.
he continued hurriedly, evidently no longer trying to show the advantages of peace and discuss its possibility, but only to prove his own rectitude and power and Alexander's errors and duplicity.
The duplicity of Ministers, the treachery of mankind, the insult to womanhood, the setback to civilization, the ruin of her life's work, the feelings of her father's daughter--all these topics were discussed in turn, and the office was littered with newspaper cuttings branded with the blue, if ambiguous, marks of her displeasure.
He had gone to his father and told him one vexatious affair, and he had left another untold: in such cases the complete revelation always produces the impression of a previous duplicity.
Achmet Zek would never permit the wealth that he had discovered to slip through his fingers, nor would he forgive the duplicity of a lieutenant who had gained possession of such a treasure without offering to share it with his chief.
Here was a man after his own heart, which loved intrigue and duplicity.