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Immaterial Averment

Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1891)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In pleading. A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c. 3, § 186. Such averments must, however, be proved as laid, it is said (Doug. 665), though not if they may be struck out without striking out at the same time the cause of action, and when there is no variance. Gould, PI. c. 3, § 188. See 1 Chit. PI. 282.

Ballentine's Law Dictionary

James A. Ballentine · 1916

An allegation which may be stricken from a pleading without leaving it insufficient. See 15 Cal. 411, 76 Am. Dec. 492.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c. 3, § 186. Such averments must, however, be proved as laid, it is said; Dough 665; though not if they inay be struck out without striking out at the same time the cause of action, and when there is no variance; Gould, PI. c. 3, 8 188. See 1 Chitty, PI. 282.

A Dictionary of Law

Henry Campbell Black · 1891

An averment alleging with needless particularity or unnecessary circumstances what is material and necessary, and which might properly have been stated more generally, and without such circumstances and particulars; or, in other words, a statement of unnecessary particulars in connection with and as descriptive of what is material. Gouid, PL. e 3, § 188; 3 Ala. 2387, 245.