Claim of
CONUSANCE, CLAIM OF, English law. This is defined to be an intervention by a
third person, demanding judicature in the cause against the plaintiff, who
has chosen to commence his action out of claimant's court. 2 Wilson's R.
409.
2. It is a question of jurisdiction between the two courts Fortesc. R.
157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in the
case of plea to the jurisdiction, and therefore it must be demanded by the
party entitled to conusance, or by his representative, and not by the
defendant or his attorney. Id. ibid. A plea to the jurisdiction must be
pleaded in person, but a claim of conusance may be made by attorney. 1 Chit.
Pl. 403.
3. There are three sorts of conusance. 1. Tentere placita, which does
not oust another court of its jurisdiction, but only creates a concurrent
one. 2. Cognitio placitorum, when the plea is commenced in one court, of
which conusance belongs to another. 3. A conusance of exclusive
jurisdiction; as that no other court shall hold pica, &c. Hard. 509 Bac. Ab.
Courts, D.