These words are used in a declaration when the plaintiff sues for an injury which is not immediate and with force, and the act or nonfeasance complained of was not prima facie actionable, not only the injury, but the circumstances under which it was committed, ought to be stated, as where the injury was done by an animal. In such case, the plaintiff after stating the injury, continues, the defendant well knowing the mischievous propensity of his dog, permitted him to go at large. Vide Scienter. A phrase used in pleading as the technical expression in laying a scienter, (q. v.)