Traverse

' Denial; denial of a fact alleged by one's opponent, or of an allegation in an indictment.3 A traverse is a denial on one side of some matter of fact before alleged on the other side; and regularly tenders an issue of fact. It applies to the declaration, plea, replication, or other pleading. The general issue is but a compendious traverse of the whole complaint. A technical traverse is preceded by introductory affirmative matter — matter of inducement; as that is general or special so is the traverse. An example of a "general technical traverse" is a replication de injuria; an example of a " special technical traverse " is a traverse beginning with the words absque hoc, without this, or et non. and not. A common traverse is simply a dii'ect denial, in common negative language. This is the more eligible mode, since it is simple, direct, and produces an issue sooner. It always concludes to the country, q. v.; whereas, the absque hoc traverse concludes, in most cases, with an averment. Illustration of a traverse absque hoc; Plea

A devised to me

B. Replication

A died intestate

and his title is in me, C, his heir: absque hoc, A devised to B. Here the averment of intestacy and heirship introduces the special traverse, and the " absque hoc " denies the devise in the words in which it is alleged. A traverse absque tali causa, without such cause, is, at common law, a traverse of a plea in tort. It denies the matter pleaded and avers that the defendant of his own wrong (de injuria sua propria) and " without such excuse " {absque tali causa) as is set forth in his plea, committed the trespass. This formula was devised as an abridgment of the replication.* See further Replication, De injuria.

Traverse jury

A common jury, which finds the fact in dispute, as opposed to the grand jury, g. v. Traverse of ofla.ce. Proving that an inquisition made by an escheator is defective or not true.

See Inquest, Of ofi Bce. TREASOM".5 Betrayal, treachery, breach of faith or allegiance.^ Traitor.

One who breaks faith, or betrays a trust; one guilty of treason. ' Ripley v. Insurance Co., 16 Wall. 336 (1872). '^ Trdv'-erse. F. traverser, to thwart: L. tran^-versus, turned across. a [3 Bl. Com. 313; 4 id. 351.] •See Gould, Plead. 849-53; Stephen, PI.

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