Legal Definitions - special plea in error

A special plea in error was a specific legal argument used in common law appellate procedures, particularly when a party sought to challenge a trial court's judgment through a "writ of error" (an early form of appeal). It was a formal response made by the party who won the original trial (often called the "defendant in error") to challenge the validity of the appeal itself, rather than arguing about the merits of the legal errors claimed by the appealing party.

Essentially, this plea introduced a new fact or circumstance that was external to the original trial record. This "extraneous matter" served as a reason why the appeal should not proceed, should be dismissed, or could not be successful, regardless of whether there were actual errors in the original trial.

• Example 1: Post-Appeal Settlement

  Imagine a scenario where "Apex Corporation" lost a significant contract dispute to "Global Enterprises" in a trial court. Apex Corporation then filed a writ of error, initiating an appeal to challenge the judgment. However, before the appellate court could review the case, both companies engaged in mediation and reached a comprehensive settlement agreement. As part of this agreement, Apex Corporation formally agreed to drop its appeal in exchange for certain concessions from Global Enterprises.

  Illustration: Global Enterprises would then file a special plea in error with the appellate court. This plea would introduce the new settlement agreement as an "extraneous matter." Global Enterprises would argue that because the parties have resolved their dispute and Apex Corporation has contractually agreed to abandon its appeal, the writ of error is now moot and should be dismissed without the court needing to examine the original trial for errors.

• Example 2: Appellant's Subsequent Waiver of Rights

  Consider a situation where a homeowner, Ms. Chen, successfully sued a construction company for faulty workmanship. The construction company, dissatisfied with the verdict, filed a writ of error. Subsequently, Ms. Chen and the construction company entered into a separate, new agreement where the company offered to perform specific repairs at no additional cost, and in return, Ms. Chen explicitly agreed to waive her right to pursue any further appeals related to the original judgment.

  Illustration: Ms. Chen could then present a special plea in error to the appellate court. She would introduce the new agreement containing the construction company's waiver of appeal rights. This "extraneous matter" (the waiver) would serve as a ground to argue that the construction company no longer has the legal standing or right to continue its appeal, and therefore, the writ of error should be dismissed.