Pleading
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 235 U.S. 308 - Garrett v. Louisville & Nashville Railroad · 1914Most cited · 106 citing opinions
averment requirement
Where any fact is necessary to be proved in order to sustain the plaintiff's right of recovery, the declaration must contain an averment substantially of such fact in order to let in the proof. Every issue must be founded upon some certain point, so that the parties may come prepared with their evidence, and not be taken by surprise, and the jury may not be misled by the introduction of various matters.
How often courts cite the case defining “Pleading”
Court decisions citing the opinion that defined “Pleading” — 106 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.