defective vs total omission
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 48 U.S. 745 - William McDonald Administrator of Duncan McArthur Deceased v. Matthew Hobson · 1849Most cited · 4 citing opinions
where the plaintiff has stated his title or ground of action defectively or inaccurately,—because, to entitle him to recover, all circumstances necessary in form or substance to complete the title so imperfectly stated must be proved at the trial,—it is a fair presumption, after verdict, that they were proved; but that, where the plaintiff totally omits to state his title or cause of action, it need not be proved at the trial, and therefore there is no room for presumption.