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Allegation

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. A material allegation in a pleading is one essential to the claim or defense, and which eould not be stricken from the pleading without leaving it insufficient. Code Civil Proc. Cal. § 463.: In ecclesiastical law. The statement of the facts intended to be relied on in support of the contested suit. In English ecclesiastical practice the word seems to designate the pleading as a whole; the three pleadings are known as the allegations; and the defendant’s plea is distinguished as the defensive, or sometimes the responsive, allegation, and the complainant's reply as the rejoining allegation.