Certainty

pleading. By certainty is understood a clear and distinct statement of the facts which constitute the cause of action, or ground of defence, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to the judgment. Cowp. 682; Co. ie itt. 303; 2 Bos. & Pull. 267; 13 East, 107; Com. Dig.. Pleader, C. 17; Hob. 295. Certainty has been stated by Lord Coke, Co. Litt. 303, a. to be of three sorts; namely, 1,{ certainty to a common intent; 2, to a certain intent in general; and, 3, to a certain intent in every particued to have heard Mr. Justice Aston treat these distinctions as a jargon of words without meaning, 2 H. Bb. 530, they have, however, long been made, and ought not altogether to be departed from. 1. By certainty to a common tintent is to be understood, that when words are used which will bear a natural sense, and also an artificial one, or one to be made out by argument or inference, the natural sense shalk prevail; it is simply a rule of construction and not of addition; common intent cannot add to a sentence words which were omitted. 2