Declaration

In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action.

1 Chit. PI. 248; Co. Litt. 17a, 303a; Bac. Abr. "Pleas" (B); Comyn, Dig. "Pleader" (C 7); Lawes, PL 35; Steph. PL 36; 6 Serg. & R. (Pa.) 28.

In real actions, it is most properly called the "count"; in a personal one, the "declaration." Steph. PI.

36; Doctrina Plac. 83; Lawes, PI. 33. See Pitzh. Nat. Brev. 16a, 60d.

The latter, however, is now the general term, being that commonly used when referring to real and personal actions without distinction.

3 Bouv. Inst, note 2815.

In an action at law, the declaration answers to the bill in chancery, the libel (narratio) of the civilians, and the allegation of the ecclesiastical courts. It may be general or special. For example, in debt on a bond, a declaration counting on the penal part only is general. One which sets out both the bond and the condition, and assigns the breach, is special. Gould. PI. c.

4, § 50.

In Evidence. An unsworn statement made out of court by a party in interest. In Scotch Law. The statement made