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Averment
AvermentFrench averer, to affirm as true: Latin ad, to; verum, truth. A positive statement of the truth of a fact; a formal allegation in pleading. RELATED TERMS-------------------------------------- Truth The actual state of things. Positive Express; absolute; not doubtful. This word is frequently used in composition. Statement Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant." Fact An action; a thing done. It is either simple or compound. Allegation A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. Pleading Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence. SIMILAR TERMS-------------------------------------- Aver To assert for the truth; to state in positive terms; to allege formally. Averia Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle. Averiis captis in withernam English. law. The name of a writ which lies in favor of a man whose cattle have been unlawfully taken by another, and driven out of the county where they were taken, so that they cannot be replevied. PREVIOUS AND NEXT TERMS-------------------------------------- Avail Profits of land; hence tenant paravail is one in actual possession, who makes avail or profits of the land. Avalum By this word is understood the written engagement of a third person to guaranty and to become security that a bill of exchange shall be paid when due. Aver To assert for the truth; to state in positive terms; to allege formally. Averia Cattle. This word, in its most enlarged signification is used to include horses of the plough, oxen and cattle. Averiis captis in withernam English. law. The name of a writ which lies in favor of a man whose cattle have been unlawfully taken by another, and driven out of the county where they were taken, so that they cannot be replevied. Averment Avoid To make empty, put out of the way. To cause to be or become empty; to render useless or void; to make inoperative or of no effect; to nullify. As oppossed to: affirm, confirm. Avoidance 1) Ecclesiastical law. It is when a benefice becomes vacant for want of an incumbent; and, in this sense, it is opposed to plenarty. 2) Pleading. The introductiou of new or special matter, which, admitting the premises of the opposite party, avoids or repels his conclusions. Avoidance of the law In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction. Avoir du pois Common law. The name of a peculiar weight. This kind of weight is so named in distinction from the Troy weight. One pound avoir du pois contains 7000 grains Troy; that is, fourteen ounces, eleven pennyweights and sixteen grains Troy a pound avoir du pois contains sixteen ounces; and an ounce sixteen drachms. Thirty-two cubic feet of pure spring-water, at the temperature of fifty-six degrees of Fahrenheit's thermometer, make a ton of 2000 pounds avoir du pois, or two thousand two hundred and forty pounds net weight. Avouciier The call which the tenant makes on another who is bound to him by warranty to come into court, either to defend the right against the demandant, or to yield him other land in value We thank you for using the Juridical Dictionary to search for Averment. If you have a better definition for Averment than the one presented here, please let us know by making use of the suggest a term option. This definition of Averment may be disputed by other professionals. Our attempt is to provide easy definitions on Averment and any other medical topic for the public at large.
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