Oyer


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Related to Oyer: oyez

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 ?
For more information on Dale Carnegie and course offerings in your area, contact Kathy Oyer at 970.
Oyer serves as the manager of Buffalo Springs Hatchery in Grainger County in TWRA Region IV.
Oyer added that he "wouldn't be surprised" if the popularity of side hustles exhibited a steady upswing, both previously and in the future.
In addition to the daily help, Do it Best representatives Parra and Oyer have both made the trip out to the store and Frank Gaisoa has even made the trip to Indianapolis to attend markets and training.
Michael Mazzeo of Northwestern University's Kellogg School of Management, Paul Oyer of Stanford University's Graduate School of Business and Scott Schaefer of the University of Utah's David Eccles School of Business visited about 100 mom-and-pop stores and enterprises in 24 states and discovered that small businesses are flourishing by finding creative ways to manage their brands, scale up, differentiate themselves from the competition and compete with the big boys.
As the business owner you have all the control oyer decisions and distributions while as an investor in stocks and bonds you have little control and have to gain trust and understanding of how the system works.
And though Oyer played an important role in this happy story, he attributes all the glory to God.
Oyer DS, Shepherd MD, Coulter FC , Bhargava A , Deluzio AJ , Chu PL, et al.
WILFRIED HAS WORKED AS A CONSULTANT IN THE ORGANISATION DEVELOPMENT FIELD FOR OYER 22 YEARS.
A spokesman for the Department for Education, who compiled the report into the Child Death Reviews, said: "The number of Child Death Reviews completed has remained relatively stable oyer the past three years, as has the proportion of deaths where modifiable factors were identi-fied.
Each full-time School Resource Officer in the state of Arizona costs a school oyer $95,000 a year--plus benefits.
She said her father, who is now 92 years old and whose memory is failing, had told her how unpleasant it had been to go through the soldiers' belongings at the abandoned military depot in Ensby, Oyer in 1940.