SPECIAL INJUNCTION. One obtained only on motion and petition, with notice to the other party, and is applied¹ for, sometimes on affidavit² before answer, but more frequently upon merits disclosed in the defendant³'s answer. 4 Bouv. lust⁴. n. 3756. See Injunction.

SPECIAL ISSUE, pleading. A plea to the action which denies some particular material allegation, which is in effect a denial of the entire right of action. It differs from the general issue whicli traverses or denies the whole declaration or indictment⁵. Gould. on Pl. c. 2, §38. See General Issue; Issue.

SPECIAL JURY. One selected in a particular way by the parties. A pannel is made out, and each party is entitled to strike from it the names of a certain number of jurors, as provided for by the local statutes⁷, and from those who remain, the jury in that case must be selected. This is also called a struck jury.

SPECIAL NON EST FACTUM. The name of a plea by which the defendant says that the deed which he has executed is not his own or binding⁸ upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful⁹ reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been delivered without the performance of the condition, he may plead non est factum, state the fact, of the conditional¹⁰ delivery, the non-performance of the condition, and add, "and so it is not his deed;" or if the defendant be a feme covert¹¹, she may plead non est factum, that she was a feme covert at the time the deed was made, "and so it is not her deed." Bac. Ab. Pleas, &c. H 3, 1 2; Gould. on Pl. c. 6, part 1, §64. See Issint.

SPECIAL OCCUPANT, estates. When an estate is granted to a man and his heirs during the life, of cestui que vie, and the grantee die without alienation¹², and while the life for which he held continues, the heir will succeed, and is called a special occupant. 2 Bl. Com. 259. In the United States the statute⁶ provisions of the different states vary considerably¹³ upon this subject. In New York and New Jersey¹⁴, special occupancy is abolished. Virginia, and probably Maryland, follow the English statutes; in Massachusetts and other states, where the real and personal estates of intestates are distributed in the same way and manner, the question does not seem to be material. 4 Kent, Com. 27.

SPECIAL PARTNERSHIP¹⁵. Special or limited partnerships¹⁶ are of two kinds; 1. Those at common law. 2. Limited partnerships, or those in commendam.

2. Special partnerships at common law, are those formed for a particular or special branch of business, as contradistinguished from the general business of the parties, or of one of them.

3. A limited or special partnership, under special acts of assembly, may be found in several states. In such partnerships some of the partners are liable as general partners, while others are responsible only to the extent of the capital they have furnished. See 2 Bouv. Inst. n. 1472, 1473, and In Commendam; Partnership.