I must take exception, for instance, to his averment "that what we respect and admire," viz.
No averment in the pleadings of the plaintiff is necessary, in order to give jurisdiction.
And the oath prescribed for them on returning was explicitly an averment of truth.
I might say, however, that every substantive averment against each of the parties named upon this record has been established by the testimony of more than one witness.
Denying the authority of the President to constitute this commission is an averment that this tribunal is not a court of justice, has no legal existence, and therefore no power to hear and determine the issue joined.
In a few instances in which an action cannot be maintained even by the averment of malice, the plaintiff may maintain an action by averring not only malice but also want of reasonable and probable cause.
In such a case the plaintiff must make the injurious sense clear by an averment called an innuendo, and it is for the jury to say whether the words bore the meaning thus ascribed to them.
It is an averment of a conclusion of law which is permitted to abridge the facts (positive and negative) on which it is founded.
The latter case shows the averment of negligence to have been mere form.
But this allegation, having now a special action to which it had given rise, was not much used where the action was tort, while the other averment occurs with increasing frequency.
The term is so applied from having been the introductory word of this avermentor parenthetic explanation when pleadings were in Latin.
Mr. Larocque: Will you look at the last averment in your indictment?
And, singular as it may appear, this the Judge-Advocate does not categorically affirm; he leaves it to be inferred from his averment of the presence of the paper and a conversation on the subject.
There was no averment about the traitorous conspiracy to murder the heads of Government, in aid of the rebellion; nor were the names of Dr.
Poor Phebe's averment respecting her previous marriage was regarded, even by her parents, as somewhat suspicious; and not being able to command the testimony of the person who married them, she was compelled to remain silent.
Phebe had no exculpatory evidence but her simple averment that she knew not how the articles came there--she never brought them.
There was no occasion to state this, and theaverment might be treated as surplusage.
Note: The term is so applied from having been the introductory word of this averment or parenthetic explanation when pleadings were in Latin.
With reference to the averment that on account of the specifications contained in the passage, 'His head is Sutejas,' &c.
The averment that the fanciful attribution of members contained in the passage 'His head is Sutejas,' &c.
A new objection is raised against the averment that the gods, &c.
This is the celebrated averment of created equality, and unalienable right to life, liberty, and pursuit of happiness, with the necessary consequences.
I think I have fairly shown, from Scripture and facts, that the first averment is not the truth; and have reduced it to an absurdity.
In a word, sir, this refined expression is, after all, just the old averment that the slave-holder is guilty of sin per se!
There should always be anaverment in the statement of claim, that the words were so spoken, and it should also be shewn in what manner the words were connected by the speaker with the profession [363].
