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...]
AVERRARE
In feudal law. A duty required from some customary tenants, to carry goods in a wagon or upon loaded horses. … [Read more...]
AVOWAL
A statement that is direct or is a declaration in court. This also refers to testimony of a witness that has been deemed inadmissible by a judge but remains preserved in the record for potential admissibility on appeal. … [Read more...]
AVERSIO
In the civil law. An averting or turning away. A term applied to a species of sale in gross or bulk. Letting a house altogether, instead of In chambers. 4 Kent, Comm. 517. Aversio pericnli. A turning away of peril. Used of a contract of insurance. 3 Kent, Comm. 263. … [Read more...]