Conusance, 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.

It is a question of jurisdiction between the two courts 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. A plea to the jurisdiction must be pleaded in person, but a claim of conusance may be made by attorney.

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; such as that no other court shall hold pica, etc.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.