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Gist

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

5 The ground upon which a thing rests; the essence of an obligation or proposition. The "gist of an action'' is the cause for which an action will lie, — the ground or foundation of a suit, without which it would not be maintainable, — the essential ground or object of a suit, and without which there is not a cause of action.^ That without which there is no cause of action; comprehends, therefore, whatever is indispensable in law to a right of recovery. Hence, if anything of this kind be omitted, the defect is incurably.'