Gist

Defined in 5 dictionaries — Ballentine's (1916), Black's (1910), Anderson (1889), Burrill (1850), Bouvier (1839)

Ballentine's Law Dictionary

James A. Ballentine · 1916

The pith; the principal point involved. See 127 Ala. 149, 28 South. 593.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In pleading. The essential ground or object of the action in point of law, without which there would be no cause of action. Gould, PI. c. 4. § 12; Hathaway v. Rice, 19 Vt. 102. The gist of an action is the cause for Which an action will lie; the ground or foundation of a suit, without which it would not be maintainable; the essenial ground or object of a suit, and without which there is not a cause of action. First Nat. Bank v. Burkett, 101 111. 391, 40 Am. Rep. 209; Hoffman v. Knight, 127 Ala. 149, 28 South. 593; Tar-bell v. Tarbell, 60 Vt. 486, 15 Atl. 104.

A Dictionary of Law

William C. Anderson · 1889

5 The ground upon which a thing rests; the essence of an obligation or proposition. The "gist of an action'' is the cause for which an action will lie, — the ground or foundation of a suit, without which it would not be maintainable, — the essential ground or object of a suit, and without which there is not a cause of action.^ That without which there is no cause of action; comprehends, therefore, whatever is indispensable in law to a right of recovery. Hence, if anything of this kind be omitted, the defect is incurably.'

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

(or GIT) OF AN ACTION. The material point on which the action/^. 6 Mod. 306. 1 Stra, 574.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

pleading. Gist of the action is the essential ground or object of it in point of law, and without which there is no cause of action. Gould on Pl. ch. 4. § 12. But it is observable that the substance or gist of the action is not always the principal cause of the plaintiff's complaint in point of fact, nor that on which he recovers all or the greatest part of his damages. It frequently happens that upon that part of his declaration which contains the substance or gist of the action he only recovers nominal damages, and he gets his principal satisfaction on account of matters altogether collateral thereto. A familiar instance of this is the case where a father sues the defendant for a trespass for the seduction of his daughter. The gist of the action is the trespass and the loss of his daughter’s services, principal damages are given. In stating the substance or gist of the action, every thing must be averred which is necessary to be proved at the trial. Vide 1 Vin. Ab. 598; 2 Phil. Ev. 1, note. See Bac. Abr. Pleas, B; Doct. Pl. 85. See Damages,.spectal, in pleading; 1 Vin. Ab. 598; 2 Phil. Ev. 1, n.