(A) crim. law practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. (B) pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings; there is no real distinction between traverses and denials, they are the same in substance. Willes. R. 224. however, a traverse, in the strict technical meaning, and more ordinary acceptation of the term, signifies a direct denial in formal words, “without this that.”
Law Dictionary – Alternative Legal Definition
In the language of pleading, a traverse signifles a denial. Thus; where a defendant denies any material allegation of fact in the plaintiff’s declaration, he is said to traverse it, and the plea itself is thence frequently termed a “traverse.” Brown. In criminal .practice. To put off or delay, the trial of an indictment till a succeeding, term. More properly, to deny or take issue upon an indictment. 4 Bl. Comm. 351. Common traverse. A simple and direct denial of the material allegations of the opposite pleading, concluding to the country, and without inducement or absque soc-General traverse. One preceded by a general inducement, and denying in general terms all that is last before alleged on the opposite side, instead of pursuing the words of the allegations which it denies. Gould, PI. vii. 5. Special traverse. A peculiar form of traverse or denial, the design of which, as distinguished from a common traverse, is to explain or qualify the denial, instead of putting it in the direct and absolute form. It consists of an affirmative and a negative part, the first setting forth the new affirmative matter tending to explain or qualify the denial, and technically called the “inducement,” and the latter constituting the direct denial itself, and technically called the “absque hoc”. Traverse jury. A petit jury; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury. Traverse of indictment or presentment. The taking issue upon and contradicting or denying some chief point of it. Jacob. Traverse of office. The proving that an inquisition made of lands or goods by the escheator is defective and untruly made. Tomlins. It is the challenging, by a subject, of an inquest of office, as being defective and untruly made. Mozley & Whitley. Traverse upon a traverse. One growing out of the same point or subject matter as is embraced in a precede ing traverse on the other side.