Averment

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Averment \A*ver"ment\, n. [Cf. OF. averement, LL. averamentum.
     See {Aver}, v. t.]
     1. The act of averring, or that which is averred;
        affirmation; positive assertion.
        [1913 Webster]
  


              Signally has this averment received illustration in
              the course of recent events.          --I. Taylor.
        [1913 Webster]
  
     2. Verification; establishment by evidence. --Bacon.
        [1913 Webster]
  
     3. (Law) A positive statement of facts; an allegation; an
        offer to justify or prove what is alleged.
        [1913 Webster]
  
     Note: In any stage of pleadings, when either party advances
           new matter, he avers it to be true, by using this form
           of words: "and this he is ready to verify." This was
           formerly called an averment. It modern pleading, it is
           termed a verification. --Blackstone.
           [1913 Webster] Avernal

From WordNet (r) 2.0 [wn]:

  averment
       n : a declaration that is made emphatically (as if no supporting
           evidence were necessary) [syn: {assertion}, {asseveration}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  AVERMENT, pleading. Comes from the Latin verificare, or the French averrer,
  and signifies a positive statement of facts in opposition to argument or
  inference. Cowp. 683, 684.
       2. Lord Coke says averments are two-fold, namely, general and
  particular. A general averment is that which is at the conclusion of an
  offer to make good or prove whole pleas containing new affirmative matter,
  but this sort of averment only applies to pleas, replications, or subsequent
  pleadings for counts and a vowries which are in the nature of counts, need
  not be averred, the form of such averment being et hoc paratus. est
  verificare.
       3. Particular averments are assertions of the truth of particular
  facts, as the life of tenant or of tenant in tail is averred: and, in these,
  says Lord Coke, et hoc, &c., are not used. Co. Litt. 362 b. Again, in a
  particular averment the party merely protests and avows the truth of the
  fact or facts averred, but in general averments he makes an offer to prove
  and make good by evidence what he asserts.
       4. Averments were formerly divided into immaterial and impertinent; but
  these terms are now treated as synonymous. 3 D. & R. 209. A better division
  may be made of immaterial or impertinent averments, which are those which
  need not be stated, and, if stated, need not be proved; and unnecessary
  averments, which consist of matters which need not be alleged, but if
  alleged, must be proved. For example, in an action of assumpsit, upon a
  warranty on the sale of goods, allegation of deceit on the part of the
  seller is impertinent, and need not be proved. 2 East, 446; 17 John. 92. But
  if in an action by a lessor against his tenant, for negligently keeping his
  fire, a demise for seven years be alleged, and the proof be a lease at will
  only, it will be a fatal variance; for though an allegation of tenancy
  generally would have been sufficient, yet having unnecessarily qualified it,
  by stating the precise term, it must be proved as laid. Carth. 202.
       5. Averments must contain not only matter, but form. General averments
  are always in the same form. The most common form of making particular
  averments is in express and direct words, for example: And the party avers
  or in fact saith, or although, or because, or with this that, or being, &c.
  But they need not be in these words, for any words which necessarily imply
  the matter intended to be averred are sufficient. See, in general, 3 Vin.
  Abr. 357 Bac. Abr. Pleas, B 4 Com. Dig. Pleader, C 50, C 67, 68, 69, 70; 1
  Saund. 235 a, n. 8 3 Saund. 352, n. 3; 1 Chit. Pl. 308; Arch. Civ. Pl. 163;
  Doct. Pl. 120; 1 Lilly's Reg.  209 United States Dig. Pleading II (c); 3
  Bouv. Inst. n. 2835-40.