Repugnancy
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
in pleading, is where the material facts stated in a declaration or other pleading, are inconsistent one with another; for example, where in an action of trespass, the plaintiffdeclared for taking and carrying away certain timber, lying ina certain place, for the completion of a house then lately built; this declaration was considered bad, for repugnancy; for the timber could not be for the building of a house already built.
1 Salk. 213.
Repugnancy of immaterial facts, and what is merely redundant, and which need not have been put into the sentence, and contradicting what was before alleged, will not in general, vitiate the pleading.
Gilb. C. P. 131; Co. Litt. 303 b; 10 East, 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph. Pl. 378; Com. Dig. Abatement, (H 6); 1 Vin. Ab. 36; 19 Ib. 45; 1 Bac. Ab. 161, 647; 5 Bac. Ab. 414; Vin. Ab. h. t.