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. 2 Tho. Co. Lit. 304. … [Read more...]
AVERMENT
In pleading. A positive statement of facts, in opposition to argument or inference. 1 Chit. PL 320. In old pleading. An offer to prove a plea, or pleading. The concluding part of a plea, replication, or other pleading, containing new affirmative matter, by which the party offers or declares himself "ready to verify." Law Dictionary - Alternative Legal Definition pleading. Comes … [Read more...]
AVOUE'
In French law. A barrister, advocate, attorney. An officer charged with representing and defending parties before the tribunal to which he is attached. Du verger. … [Read more...]
AVERMENT OF NOTICE
in pleading. This is frequently necessary, particularly in special actions of assumpsit. 2. When the matter alleged in the pleading is to be considered as lying more properly in the knowledge of the plaintiff, than of the defendant, then the declaration ought to state that the defendant had notice thereof; as when the defendant promised to give the plaintiff as much for a … [Read more...]
AVOW
In pleading. To acknowledge and justify an act done. To make an avowry. For example, when replevin is brought for a thing distrained, and the party taking claims that he had a right to make the distress, he is said to avow. Law Dictionary - Alternative Legal Definition practice. Signifies to justify or maintain an act formerly done. For example, when replevin is brought for a … [Read more...]