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Conclusion

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

The close; the end. In Pleading. In Declarations. That part which follows the statement of the cause of action. In personal or mixed actions, where the object is to recover damages, the conclusion is, properly, to the damage of the plaintiff, etc. Com. Dig. Pleader, c.

84; 10 Co. 1156. A'nd see 1 M. & S. 236; Damages.

The form was anciently, in the King's Bench, "To the damage of the said A B, and thereupon he brings suit;" in the Exchequer, "To the damage," etc., "whereby he is the less able to satisfy our said lord the king the debts which he owes his said majesty at his exchequer, and therefore he brings his suit;" 1 Chit. PI.

356.

It is said to be mere matter of form, and not demurrable; Pierson v. Wallace, 7 Ark. 282. In Pleas. The conclusion is either to the country — which must be the case when ah issue is tendered, that is, whenever the plaintiff's material statements are contradicted — or by verification, which must be the case when new matter is introduced. See Verification. Every plea in bar, it is said, must have its proper conclusion. All the formal parts of pleadings have been much modified by statute in the various states and in England. In Practice. Making the last argument or address to the court or jury. The party on whom the burden of proof rests, in general, has the conclusion. See Opening and Closing. In Remedies. An estoppel; a bar; the act of a man by which he has confessed a matter or thing which he can no longer deny. For example, the sheriff is concluded by his reeluded by his return.

See Plowd. 276 6; 8 Thomas, Co. Litt. 600.