Traverse in United States

Traverse Definition

(Law Fr. traverser, to turn over, to deny). To deny; to put off. In Civil Pleading. To deny or controvert anything which is alleged in the previous pleading. Lawes, PI. 116. A denial. Willes, 224. A direct denial in formal words: “Without this, that, etc.” (absque hoc). 1 Chit. PI. 523, note (a). A traverse may deny all the facts alleged (1 Chit. PI. 525), or any particular material fact (20 Johns. [N. Y.] 406).
(1) A common traverse is a direct denial, in common language, of the adverse allegations, without the absque hoc, and concluding to the country. It is not preceded by an inducement, and hence cannot be used where an inducement is requisite. 1 Saund. 103b, note 1.
(2) A general traverse is one preceded . by a general inducement, and denying all that is last before alleged on the opposite side, in general terms, instead of pursuing the words of the allegation which it denies. Gould, PI. vii. 5, 6. Of this sort of traverse the replication de injuria sua propria absque tali causa, in answer to a justification, is a familiar example. Bac. Abr. “Pleas” (H 1) ; Steph. PL 171; Gould, PI. c. 7, § 5: Archb. Civ. PI. 194.
(3) A special traverse is one which commences with the words absque hoc, and pursues the material portion of the words of the allegation which it denies. Lawes, PL. 116-120.
It is regularly preceded by an inducement consisting of new matter, liould, PI c. 7, §§6, 7; Steph. PL 188. A special traverse does not complete an issue, as does a common traverse. 20 Viner, Abr. 339; Yelv. 147, 148; 1 Saund. 22, note 2.
(4) A traverse upon a traverse is pne growing out of the same point or subject matter as is embraced in a preceding traverse on the other side. Gould, PL c. 7, § 42, note. It is a general rule that a traverse well intended on one side must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse if the first traverse is material. The meaning of the rule is that, when one party has tendered a material traverse, the other cannot leave it and tender another of his own to the same point upon the inducement of the first traverse, but must join in that first tendered; otherwise the parties might alternately tender traverses to each other in unlimited succession, without coming to an issue. Gould, PI. c. 7, § 42. The rule, however, does not apply where the first traverse is immaterial, nor where it is material if the plaintiff would thereby be ousted of some right or liberty which the law allows. Poph. 101; F. Moore, 350; Hob. 104; Cro. Eliz. 99, 418; Comyn, Dig. “Pleader” (G 18); Bac. Abr. “Pleas” (H 4) ; Bouv. Inst. Index. 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. Dick. Sess. 151; 4 BL Comm. 351.

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(Law Fr. traverser, to turn over, to deny). To deny; to put off. In Civil Pleading. To deny or controvert anything which is alleged in the previous pleading. Lawes, PI. 116. A denial. Willes, 224. A direct denial in formal words: “Without this, that, etc.” (absque hoc). 1 Chit. PI. 523, note (a). A traverse may deny all the facts alleged (1 Chit. PI. 525), or any particular material fact (20 Johns. [N. Y.] 406).
(1) A common traverse is a direct denial, in common language, of the adverse allegations, without the absque hoc, and concluding to the country. It is not preceded by an inducement, and hence cannot be used where an inducement is requisite. 1 Saund. 103b, note 1.
(2) A general traverse is one preceded . by a general inducement, and denying all that is last before alleged on the opposite side, in general terms, instead of pursuing the words of the allegation which it denies. Gould, PI. vii. 5, 6. Of this sort of traverse the replication de injuria sua propria absque tali causa, in answer to a justification, is a familiar example. Bac. Abr. “Pleas” (H 1) ; Steph. PL 171; Gould, PI. c. 7, § 5: Archb. Civ. PI. 194.
(3) A special traverse is one which commences with the words absque hoc, and pursues the material portion of the words of the allegation which it denies. Lawes, PL. 116-120.
It
is regularly preceded by an inducement consisting of new matter, liould, PI c. 7, §§6, 7; Steph. PL 188. A special traverse does not complete an issue, as does a common traverse. 20 Viner, Abr. 339; Yelv. 147, 148; 1 Saund. 22, note 2.
(4) A traverse upon a traverse is pne growing out of the same point or subject matter as is embraced in a preceding traverse on the other side. Gould, PL c. 7, § 42, note. It is a general rule that a traverse well intended on one side must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse if the first traverse is material. The meaning of the rule is that, when one party has tendered a material traverse, the other cannot leave it and tender another of his own to the same point upon the inducement of the first traverse, but must join in that first tendered; otherwise the parties might alternately tender traverses to each other in unlimited succession, without coming to an issue. Gould, PI. c. 7, § 42. The rule, however, does not apply where the first traverse is immaterial, nor where it is material if the plaintiff would thereby be ousted of some right or liberty which the law allows. Poph. 101; F. Moore, 350; Hob. 104; Cro. Eliz. 99, 418; Comyn, Dig. “Pleader” (G 18); Bac. Abr. “Pleas” (H 4) ; Bouv. Inst. Index. 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. Dick. Sess. 151; 4 BL Comm. 351.

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