The allegations made by a party to a suit, and the proof adduced in their support. It is a general rule of evidence that the allegata and probata must correspond; that is, the proof must at least be sufficiently extensive to cover all the allegations of the party. Greenl. Ev. 51; 3 R. s. 636. … [Read more...]
ALLOCATIONE FACIENDA
In old English practice. A writ for allowing to an accountant such sums of money as he hath lawfully expended in his office; directed to the lord treasurer and barons of the exchequer upon application made. Jacob. … [Read more...]
ALLOWANCE TO A PRISONER
By the laws of, it is believed, all the states, when a poor debtor is in arrest in a civil suit, the plaintiff is compelled to pay an allowance regulated by law, for his maintenance and support, and in default of such payment at the time required, the prisoner is discharged. Notice must be given to the plaintiff before the defendant can be discharged. … [Read more...]
ALLEGATA ET PROBATA
Latin: Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support Allegatio contra factum non est ad mittenda. An allegation contrary to the deed (or fact) is not admissible. … [Read more...]
ALLOCATO COMITATU
In old English practice. In proceedings in outlawry, when there were but two county courts holden between the delivery of the writ of exigi facias to the sheriff and its return, a special exigi facias, with an allocato com itatu issued to the sheriff in order to complete the proceedings. See Exigent. … [Read more...]