Legal Dictionary

Tag: Averment

  • Immaterial Averment

    In pleading. A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c. 3, § 186. Such averments must, however, be proved as laid, it is said (Doug. 665), though not if they may be struck out without striking out at the same time […]

  • Negative Averment

    Negative Averment

    In pleading. An averment in some of the pleadings in a case in which a negative is asserted. …

  • 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 […]