Legal Definition and Related Resources of Averment
Meaning of Averment
In pleading. A positive statement of facts, as opposed to an argumentative or inferential one. Cowp. 683; Bac. Abr. “Pleas” (B). Averments must contain not only matter, but form. In old pleading, the conclusion’ of a plea, whereby the pleader alleged his readiness to verify the foregoing. Averments were formerly said to be general and particular; but only particular averments are found in modem pleading. 1 Chit PI. 277. Particular Averments. The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. Negative Averments. Those in which a negative is asserted. Generally, under the rules of pleading, the party asserting the affirmative must prove it; but an averment of illegitimacy (2 Selw. N. P. 709), or criminal neglect of duty, must be proven (2 Gall. [U.S.] 498; 19 Johns. [N. Y.] 345; 1 Mass. 54; 10 East, 211; 3 Campb, 10; 8 Bos. & P. 302; 1 Greenl. Ev. § 80; 3 Bouv. Inst, note 3089). Immaterial and Impertinent Averments. Those which need not be made, and if made, need not be proved. They are synonymous. 5 Dowl. & R. 209. The allegation of deceit in the seller of goods in action on the warranty is such an averment. (2 East, 446; 17 Johns. [N. Y.] 92) Unnecessary Averments. Statements of matters which need not be alleged, but which, if alleged must be proved. Garth. 200.
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| Averment in the Dictionary | Averment in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Averment |
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| Related topics | Averment in the World Encyclopedia of Law |
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This definition of Averment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Synonyms of Averment
noun
- adjuration
- adjurement
- affirmance
- affirmation
- announcement
- assertion
- assertment
- assertory oath
- asseveration
- attest
- attestation
- avouchment
- avowal
- confirmation
- declaration
- formulation
- instrument in proof
- positive declaration
- positive statement
- profession
- pronouncement
- solemn affirmation
- statement of facts
- statement on oath
- swearing
- testification
- vouching
- written statement
- Associated Concepts: averment of facts
- descriptive averment
- general averment
- material averment
- negative averment
- particular averments
- pleading
- unnecessary averments
Averment in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
French averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading.
Note: This legal definition of Averment in the Dictionary of Law (English and American Jurisprudence) is from 1893.
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