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.

References in periodicals archive ?
MANILA, Philippines - The Sandiganbayan Sixth Division has denied the motion for leave of court to file a demurrer to evidence of Limay, Bataan, Mayor Nelson David and three of his coaccused.
"As provided in Rule 119, Section 23 of the Rules of Court, he may adduce evidence in his defense, or in the alternative, he may file a demurrer to evidence without leave of court," it added.
She then filed a motion for a 'leave of court' to allow her to pursue post conviction remedies, which led to the deferment of the issuance of an arrest warrant following the guilty verdict against her.
Objecting to the leave of court sought by the EFCC counsel to tender the petition as evidence against the accused, counsels to the defendants premised his position on the failure of the prosecution to frontload Certified True Copies (CTO) of the petitions and other necessary documents to the defence team and the trial judge before commencement of trial.
Seating at the High Court in Nanyuki Justice Mary Kasango said Sammy Ndung'u had not obtained a leave of court to present a report on his observations, while putting additional seals on 531 ballot boxes.
When a plaintiff amends its complaint with leave of court, must a defendant also seek leave before asserting new or amended counterclaims in its answer?
Summary: When a plaintiff amends its complaint with leave of court, must a defendant also seek leave before asserting new or amended counterclaims in its answer?
Since the leave of court to file a demurrer was denied, trial is expected to continue, with Navarro presenting his evidence.
This time around, the court said Revilla's arguments are "a mere reiteration and rehash of those contained in [his] motion for leave of court to file demurrer to evidence."
In a three-page resolution, the antigraft court denied Purisima's motion for leave of court to file demurrer to evidence.
The court, however, reminded the respondents that they still can file demurrers but without leave of court.
In his motion for leave of court to file a demurrer to evidence, Dumpit said the prosecution failed to prove beyond reasonable doubt that he acted in conspiracy with his other coaccused, and instead just presented 'mere conjecture and speculation' as evidence.