Affirm

To ratify, make firm, confirm, establish, reassert. To ratify or confirm a former law or judgment. Cowell. In the practice of appellate courts, to affirm a judgment, decree, or order, is to declare that it is valid and right, and must stand as rendered below ; to ratify and reassert it; to concur in its correctness and confirm its efficacy.

In pleading. To allege or aver a matter of fact; to state it affirmatively; the opposite of deny or traverse.

In practice. To make affirmation; to make a solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. Also, to give testimony on affirmation. In the law of contracts. A party is said to affirm a contract, the same being voidable at his election, when he ratifies and accepts it, waives his right to annul it, and proceeds under it as if it had been valid originally.

To ratify or conflrm a law or judgment; larly to confirm a judgment or decree on appeal firm a former act; to assert or declare solemnly oaths; to aver or state a thing in pleading.

* 1. To aver a thing as established or certain, or as existing, or as provable as a fact. Whence affirmative, affirmation. Afl&rmative (1), adj. Asserting as true; declaratory of what exists or is to be or to be done; positive. Opposed, negative. As, affirmative or an affirmative — allega- 165 Pa. 31; 103 U. S. 832. = 1 Bl. Com. 434. s Paddock v. Wells, 2 Barb. Ch. 333 (1847); 1 Denio, tion, averment, condition, covenant, defense, evidence, pleading, representation, statute, warranty, words, qq. v. (2), n. The affirmative: the party who maintains or supports. Opposed, the negative. The burden of proof rests upon him who holds the affirmative of an issue.> See Proof, Burden of. Affirmative pregnant. An affirmative allegation implying a negative in favor of the adverse party. Opposed, negative pregnant: a negative allegation involving or admitting of an affirmative implication, or, at least, an implication favorable to the adverse party. = See Neoative. Afi Qrmatively. (1) In positive terms; by positive testimony, and not by way of inference. Error in judicial action, not being presumed, must be shown affirmatively.' (3) In favor of what is proposed; approvingly. A legislative committee is said to report a bill affirmatively, or negatively. 3. To make binding what before was not obligatory, but voidable; to confirm, to ratify, qq. v. Opposed, disaffirm. Whence affirmance, disaffirmance. An infant, to avoid a deed, must. disaffirm within a reasonable time after his majority is attained. While the decisions differ as to what constitutes a disaffirmance, the preponderance of authority is that mere inertness or silence, continued for a period less than prescribed by the statute of limitations, unless accompanied by voluntary affirmative acts manifesting an intention to assent to the conveyance, will not bar his right to avoid the deed. He cannot disaffirm while infancy continues.* See Disability; Rescission; Voidable. 3. To support or confirm: as, for a court of review to affirm the judgment or order of a lower court. Opposed, reverse. Whence affirmance, affirmed. See Curia, Per curiam. 4. To attest by a solemn declai-ation, made in a judicial inquiry, to speak the truth. Whence affirmant, affirmation. An affirmation, which is generally made by such persons as interpret the words of Scripture "Swear 1 1 Greenl. Ev. § 74; 119 111. 357. 2 Gould, Plead. 296; Steph. PI. 381. s 101 U. S. 601. < Sims V. Everhardt, 102' U. S. 309, 312 (1880), cases; Brazee v. Schofield, id. (1883); Dawson "u. Helmes, 30 Minn. 118 (1882), cases; Wilson v. Branch, 77 Va. 71-72 (1888), cases; Catlin v. Haddox, 49 Conn. 492 (1882), cases; Nathans v. Arkwright, 66 Ga. 186 (1880); Adams ■0. Beall, Sup. Ct. Md. (1887), cases: 8 Atl. Rep. 664; 20 not at all," etc., as proliibitory o£ an oath, does not, like an oath, involve an appeal to the Supreme Being. A common form is, '' You do solemnly, sincerely, and truly declare and affirm, that you will state the truth," etc. Upon assent to this interrogation the a£9rmant is bound as by oath, and liable to punishment as for perjury. See Oath; Pekjtoy.

[Lat. affirmare, to make firm; L. Fr. affirmer.] In practice. To ratify, or confirm a former law, or judgment. Cowell. Blount. Used in this sense by West, and Crompton. West Symbol. part 2, tit. Fines, sect. 152. Crompt. Jurisd. fol. 166. Now particularly applied to the confirmation, by a court of appeal, of the judgment of an inferior court; the opposite of reverse, (q. v.) To ratify or confirm a former act. See Affirmance. To assert, or declare solemnly, instead of making oath. See Affirmation. To aver, or state a thing in pleading; the opposite of deny, or traverse, (qq. v.) Steph. Pl. 84.