COLOR - Black's Law Dictionary

What is COLOR? Definition of COLOR in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

An appearance, semblance, or simulacrum, as distinguished from that which is real. A prima facie or apparent right. Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of reality; a disguise or pretext. Railroad Co. v. Allfree, 64 Iowa 500, 20 N.W. 779; Broughton v. Haywood, 61 N.C. 383; Wilt v. Bueter, 186 Ind. 98, 111 N.E. 926, 929.

In pleading. Ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action, which is so set out as to be apparently valid, but which is in reality legally insufficient.

A term of the ancient rhetoricians, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule that pleadings in confession and avoidance should give color was that they should confess the matter adversely alleged, to such an extent, at least, as to admit some apparent right in the opposite party, which required to be encountered and avoided by the allegation of new matter. Color was either express, i. e., inserted in the pleading, or implied, which was naturally inherent in the structure of the pleading. Steph.P1. 233; Merten v. Bank, 5 Okl. 585, 49 P. 913. Wheeler v. Nickels, 168 Or. 604, 126 P.2d 32, 36.

The word also means the dark color of the skin showing the presence of negro blood; and hence it is equivalent to African descent or parentage. Johnson v. Board of Education of Wilson County,
166 N.C. 468, 82 S.E. 832, 834, L.R.A.1915A, 828.

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