Legal Definitions - comes and defends

The legal phrase comes and defends is an archaic term that traditionally marked the formal beginning of a defendant's response to a lawsuit or accusation. While rarely used in modern legal practice, it historically served as a clear declaration that:

• The defendant was formally appearing in court or acknowledging the legal action.
• The defendant intended to contest the claims made against them and present a defense.

In essence, it was a concise way for a defendant to announce their presence and their commitment to fighting the case, whether by filing a formal plea, a demurrer (a legal objection to the sufficiency of the opponent's pleading), or another initial response.

Examples:

• Imagine a civil dispute in 18th-century England. A local merchant, Mr. Davies, is sued by a competitor for breach of contract. When Mr. Davies's attorney drafted the initial legal document responding to the lawsuit, it would typically begin with the formal statement: "And now comes John Davies and defends the action brought against him by Thomas Smith..." This opening line immediately informed the court and the opposing party that Mr. Davies was formally acknowledging the lawsuit and was prepared to present arguments to counter the breach of contract claim.

• Consider a colonial American court in the late 17th century, where a farmer, Mrs. Eleanor Vance, is accused of trespassing on a neighbor's land. When her legal representative appeared before the magistrate to enter a plea, the formal record of her appearance and intent to dispute the charge would often be noted as: "And now comes Eleanor Vance and defends the charges of trespass..." This phrase formally documented her presence in court and her decision to challenge the accusation rather than admit guilt by default.