Impersonalitas

Impersonality. An expression used where no particular person is referred to, as where the words ut dicitur are used. Co. Litt 852 5. IMPERTINENT (Lat (ft, not pertinens, pertaining or relating to). In Pleading. In Equity. A term applied to matters introduced into a bill, answer, or other proceeding in a suit which are not Duzen, 1 Paige Ch. (N. T.) 655; Barbee v. Inman, 6 Blackf. (Ind.) 489; Wells t. Ry. Co., 15 Fed. 661. Impertinent matter Is not necessarily scandalous; but all scandalous matter is impertinent. The rule against admitting impertinent matter is designed to prevent oppression, not to become oppressive; 1 T. & R. 489; 6 Beav. 444; Tucker v. R. Co., 21 N. H. 38. No matter is to be deemed impertinent which is material in establishing the rights of the parties or ascertaining the relief to be granted; Mechanics’ Bank v. Levy, 3 Paige Ch. (N. Y.) 606; 12 Beav. 44; 10 Sim. 345. A pleading may be referred to a master to have Impertinent matter expugned at the cost of the offending party; Story, Eq. PI. § 266; Langdon v. Pickering, 19 Me. 214; Mason V. Mason, 4 Hen. & M. (Va.) 414; Camden & A. R. Co. V. Stewart, 19 N. J. Eq. 34.3; but a bill may not be after the defendant has answered; Coop. Eq. PI. 19. In England, the practice of excepting to hills, answers, and other proceedings for impertinence has been abolished. The new United States Supreme Court equity rule 21 (.33 Sup. Ct. xxiv) forbids exceptions for scandal or impertinence, but the court may, upon motion or its own initiative, strike out such. Such matter is not put in issue by general plea, need not be proven at the trial, and cannot be proven against defendant’s objection. The court has power to strike out Impertinent matter, but this power is sparingly exercised and should not be encouraged. There is no reported ca.se in Pennsylvania in which matter was stricken out of a declaration on the mere ground of Impertinency; Astrich v. Ins. Co., 13 Pa. Dlst. R. 350. • See Scandalous Matter. At Law. A. term applied to matter not necessary to constitute the cause of action or ground of defence. Tucker v. Randall, 2 Mass. 283. It constitutes surplusage, which see. In Practice. A term applied to evidence of facts which do not belong to the matter In question. That which is immaterial is. in general, impertinent, and that which is material is not, in general. Impertinent. 1 McC. & Y. 337. Impertinent matter in the interrogatories to witnesses or their answers, in equity, will be expugned after reference to a master at the cost of the offending party; 2 Y. & O. 445.

t Impersonality, — a mode of expression where no reference is made to any person. Impersonalitas non conclndit nee ligat: impersonality neither concludes nor binds.

Impersonality. A mode of expression where no reference is made to any person, such as the expression “ut dicitur,” (as is said.) Co. Litt. 3528, Impersonalitas non concludit nee ligat. Co. Litt. 352. Impersonality neither coneludes nor binds.