Allegation

The assertion, declaration, or statement of a party of what he can prove. In Ecclesiastical Law. The statement of the facts intended to be relied on in support of the contested suit. It is applied either to the libel, or to the answer of the respondent, setting forth new facts, the latter being, however, generally called the defensive allegation. See 1 Browne, Civ. Law, 472, 473, note.

The assertion, declaration, or statement of a party of what b prove. In Ecclesiastical Law. The statement of the facts Intended to be relied on in support of a contested suit. It is applied either to the libel, or to the answer of the respondent setting forth new facts, the latter being, however, generally called the defensive allegation. See 1 Browne, Civ. Law, 472, 473, n.

The assertion, declaration or statement of a party to an action, made in a pleading, setting out what he expects to prove. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Code Civil Proc. Cal. § 463.

In ecclesiastical law. The statement Of the facts intended to be relied on in support of the contested suit. In English ecclesiastical practice the word seems to designate the pleading as a whole; the three pleadings are known as the allegations ; and the defendant's plea is distinguished as the defensive, or sometimes the responsive, allegation, and the complainant's reply as the rejoining allegation.

— Allegation of faculties. A statement made by the wife of the property of her husband, in order to her obtaining niimony. See Faculties.

A statement to a cause by way of pounding or contesting the intestate. Allegation the property of the husband AUegatio contra factum tradicting the deed (or contra interpretationem meaning of the words..

The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. A material allegation in a pleading is one essential to the claim or defense, and which eould not be stricken from the pleading without leaving it insufficient. Code Civil Proc. Cal. § 463.: In ecclesiastical law. The statement of the facts intended to be relied on in support of the contested suit. In English ecclesiastical practice the word seems to designate the pleading as a whole; the three pleadings are known as the allegations; and the defendant’s plea is distinguished as the defensive, or sometimes the responsive, allegation, and the complainant's reply as the rejoining allegation.

A pleading; a statement of a fact; the assertion of a party in a cause of what he intends to prove. Allegation of Faculties: the statement made by the wife of the property of her husband, in order to her obtaining alimony. AUegatio contra factum non est admittenda: an allegation contradicting the deed (or the fact) should not be admitted.

[Lat. allegatio, from allegare, q. v. J In the common law. Statement or pleading. Steph. Plead. 1, 123, 124. The statement of fact, or pleading of a party to an action; such as a declaration, plea, <fec. Id. 23, 59. A statement in a particular pleading. Id. passim. Allegation.

In English ecclesiastical law. The pleading or statement of a party in a cause; an additional or supplementary pleading. 1 Bro. Civ. Law, 471, 473. 3 Bl. Com. 100. A species of pleading, used generally in propounding or contesting a will, claiming an interest in an intestate's effects, &c. 4 Chitt. Gen. Pr. 166. An allegation of faculties is an allegation given in by a wife claiming alimony, stating the property of the husband. Shelf ord Marr. dt Div. 687. Allegation of diminution. See Diminution,

tn the English ecclestastical law; according to the practice of the prerogative court, the facts intended to be relied on in support of any contested suit are set forth in the plea, which is termed an allegation; this is submitted to the inspection of the counsel of the adverse party, and, if it appear to them objectionable in form or substance, they oppose the admission of it. If the opposition goes to the substance of the allegation, and is held to be well founded, the court rejects it; by which mode of proceeding, the suit is terminated without going into any proof of the facts. 1 Phill. 1, n.; 1 Eccl. Rep. 11, n. S. C. See 1 Brown’s Civ. Law, law, is the declaration or statement, of a party of what he can prove.