Averment in United States

Averment Definition

In pleading. A positive statement of facts, as opposed to an argumentative or inferential one. Cowp. 683; Bac. Abr. Pleas (B). Averments must contain not only matter, but form. In old pleading, the conclusion’ of a plea, whereby the pleader alleged his readiness to verify the foregoing. Averments were formerly said to be general and particular; but only particular averments are found in modem pleading. 1 Chit PI. 277. Particular Averments. The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. Negative Averments. Those in which a negative is asserted. Generally, under the rules of pleading, the party asserting the affirmative must prove it; but an averment of illegitimacy (2 Selw. N. P. 709), or criminal neglect of duty, must be proven (2 Gall. [U.S.] 498; 19 Johns. [N. Y.] 345; 1 Mass. 54; 10 East, 211; 3 Campb, 10; 8 Bos. & P. 302; 1 Greenl. Ev. § 80; 3 Bouv. Inst, note 3089). Immaterial and Impertinent Averments. Those which need not be made, and if made, need not be proved. They are synonymous. 5 Dowl. & R. 209. The allegation of deceit in the seller of goods in action on the warranty is such an averment. (2 East, 446; 17 Johns. [N. Y.] 92) Unnecessary Averments. Statements of matters which need not be alleged, but which, if alleged must be proved. Garth. 200.

Averment in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Averment

Scan Averment in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

In pleading. A positive statement of facts, as opposed to an argumentative or inferential one. Cowp. 683; Bac. Abr. Pleas (B). Averments must contain not only matter, but form. In old pleading, the conclusion’ of a plea, whereby the pleader alleged his readiness to verify the foregoing. Averments were formerly said to be general and particular; but only particular averments are found in modem pleading. 1 Chit PI. 277. Particular Averments. The assertions of particular facts. There must be an averment of every substantive material fact on which the party relies, so that if may be replied to by the opposite party. Negative Averments. Those in which a negative is asserted. Generally, under the rules of pleading, the party asserting the affirmative must prove it; but an averment of illegitimacy (2 Selw. N. P. 709), or criminal neglect of duty, must be proven (2 Gall. [U.S.] 498; 19 Johns. [N. Y.] 345; 1 Mass. 54; 10 East, 211; 3 Campb, 10; 8 Bos. & P. 302; 1 Greenl. Ev. § 80; 3 Bouv. Inst, note 3089). Immaterial and Impertinent Averments. Those which need not be made, and if made, need not be proved. They are synonymous. 5 Dowl. & R. 209. The allegation of deceit in the seller of goods in action on the warranty is such an averment. (2 East, 446; 17 Johns. [N. Y.] 92) Unnecessary Averments. Statements of matters which need not be alleged, but which, if alleged must be proved. Garth. 200.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F |
G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

Back to Top

This definition of Averment is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

A positive statement or allegation of facts in a pleading.

(Revised by Ann De Vries)

What is Averment?

For a meaning of it, read Averment in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Averment.