Certainty
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[L. Lat. certitudo.] In pleading. Clearness or distinctness, as opposed to obscurity or ambiguity. Particularity, as opposed to undue generality.
Steph. PL 132, 880, note.
Lord Coke distinguishes three kinds of certainty; first, certainty to a common intent, [that ]&» according to reasonable intendment or construction, Steph. PL 380:] "which is sufficient in a bar [plea,] which is to defend the party, and to excuse him: secondly, certainty to a certain intent in general, which is sufficient in counts, [declarations,J replications, and other pleadmgs of the plaintiff: thirdly, certainty to a certain intent in every particular, which is required in estoppels. Co, Litt 303 a. 1 Tidd's PracL 461.