A species of traverse which occurs in actions of debt on simple contract, and is resorted to when the defendant means to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of fact from which such contract would by law be implied. Steph. PI. 153, 156; Wharton. … [Read more...]

That evidence which, after diligent search for it, was not discovered until after the trial of a cause. 2. In general a new trial will be granted on the ground that new, important, and material evidence has been discovered since the trial of the cause. 2 Wash. C. C. 411. But this rule must be received with the following qualifications: 1. When the evidence is merely cumulative, … [Read more...]

Not included. It is an exception taken to a petition, because the thing desired is not contained in that deed or proceeding whereon the petition is founded. Touil. Law Dict. … [Read more...]

As an element In numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class. New and … [Read more...]

See EVIDENCE. … [Read more...]