Averment

in pleading, comes from the Latin verificare, or the French averrer, and signifies a positive statement of facts in opposition to argument or inference. Cowp. 683, 684; Lord Coke says averments are twofold, namely; general and particular. <A general averment is that which is at the conclusion of an offer to make good or prove whole pleas containing new affirmative matter, (but this sort of averment only applies to pleas, replications, or subsequent pleadings; for counts and avowries which are in the nature of counts, need not be averred,) the form of such averment being, et hoc paratus-est verificare. Particular averments are assurances of the truth of particular facts, as the life of tenant or of tenant in tail is averred; and, in these, says Lord Coke, et hoc, &c. are not used.

Co. Litt. 362 b..

Again, in a particular averment the party merely protests and avows the truth of the fact or facts averred; but in general averments he makes an offer to prove and make good by evidence what he asserts. Averments must contain not only matter but form. General averments are always in the same form. The most common form of making particular averments is in express and direct. words, for example, And the party avers or in fact satth, or although, or because, or with this which necessarily imply the matter intended to be averred are sufficient.

See, in general, 3 Vin. Abr. 357; Bac. Abr. Pleas, B 4; Com. Dig. Pleader, C 50, C 67, 68,69, 70; 1 Saund. 235 a, n. 8; 3 Saund. 352, n. 3; 1 Chit. Pl. 308; Arch. ‘Civ. Pl. 163; Doct. Pl. 120; 1 Lilly’s Reg. 209.