Public-domain · open source
OpenJurist

Negative Pregnant

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

In pleading, signifies the statement of a negative proposition in such a form as may imply or carry with it the admission of an ai Brmative. Thus, in an action of trespass for entering the plaintiff's house, the defendant pleaded that the plaintiff's daughter gave him license to do so, and that he entered by that license; to which the plaintiff replied, that he did not enter by her license. This replication was held to be a negative pregnant, inasmuch as it might imply or carry with it the admission that a license was given, although the defendant did not enter by that license; and the proposition would therefore, in the language of pleading, be said to be pregnant with that admission; viz., that a license was given. A negative pregnant is one of those faults in pleading which fall within the rule that pleadings must not be ambiguous or doubtful in meaning. In the above instance, the plaintiff should have denied either the entry by itself, or the license by itself; for the effect of denying both together was to leave it doubtful whether he meant to deny the license, or the fact of the defendant's entry by virtue of that license. Steph. on PI.

408, 409, 4th ed.