Averment

' A positive statement of the truth of a fact; a formal allegation in pleading. Aver. To assert for the truth; to state in ■ positive terms; to allege formally. Averments are spoken of as "affirmative" and "negative,'' as "general" and "particular" or "specific," as "material" and "immaterial," as " unnecessary," "impertinent," etc., with substantially the same meaning as are "allegations."

See Allegation. ' Padelford v. Boardman, 4 Mass. 549 (1808). » Bargett v. Orient Ins. Co., ante. s Columbian Ins. Co. o.

Ashby, 13 Pet. 337-38 (1839), Stoiy, J. < Mc Andrews u Tliatcher, 3 Wall. 370, 376 (1865), Clifford, J. See also 3 Kent, 235. » The Joseph Farwell, 31 F. K. 841 (1887), Toulmin, J. = Heye v. North German Lloyd, 33 F. E. 65 (1887), An averment in a declaration is a direct and positive allegation of fact, made in a inanner capable of being traversed. It includes the idea of an affirmation to be made out by inference and induction, l " The use in pleading of an averment is to ascertain that to the coiut which is generally or doubtfully expressed; so that the court may not be perplexed of whom, or of what, it ought to be understood; and to add matter to the plea to make doubtful things clear " — as, an averment in an action of slander." There is no particular form of words in use. The important matter is that each substantial fact be so averred as to be susceptible of a simple admission or denial.

See Vertfy.