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Rebut

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

6 To contradict, oppose, do away with; to adduce counter testimony or proof.

Rebut an equity

To impose a construction upon an instrument at variance with the superficial tenor.'

1 Harrison v. Rowan, 3 Wash. 584 (1830), Washington, J. See also Fatton u Hope, 37 N. J. E. 527-28 (1883). " L. res, a thing.

See Ees. » On the use of " real " and " personal " in English law, see 4 Law Quar. Bev. 394-408 (1888).

4 Lorillard ii. Silver, 25 Barb. 132 (1861). See also Stanford v. Greene County, 18 Iowa, 220 (1865). » Read v. Clarke, 109 Mass. 83 (1871). Rebuttal.

As a briefer expression than " rebutting evidence," and also as referring to the time for introducing such evidence, has gained general recognition. Whence " as rebuttal," "on rebuttal," " in rebuttal."

Rebutter.

In pleading, defendant's answer to a sur-rejoinder. Sur-rebutter, Plaintiff's answer to a rebutter, i Rebutting. Referring to evidence, sometimes means contradictory only, at other times conclusive or overcoming.^ Rebutting evidence is evidence adduced to rebut a presumption of fact or of law, that is, to avoid its effect; also, any evidence adduced to destroy the effect of prior evidence, whether by explanation or direct denial.*