admission and avoidance
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 73 U.S. 299 - Clements v. Moore · 1867Most cited · 88 citing opinions
where an answer which is put in issue, admits a fact, and insists upon a distinct fact by way of avoidance, the fact admitted is established, but the fact insisted upon must be proved; otherwise the admission stands as if the fact in avoidance had not been averred