Affirm

* 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.