Material allegation

An allegation of facts on which an issue in the action could be made. See 7 Kan. 343.

A materini allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Lusk v. Perkins, 48 Ark. 247, 2 S. W. 847; Gillson v. Price, 18 Nev. 109, 1 Pac. 459. A material alteration in any written instrument is one which changes its tenor, or its legal meaning and effect; one which causes it to speak a language different in effect from that which it originaliv spoke. White v. Harris. 69 S. C. 65, 48 S. E. 41, 104 Am. St. Rep. 791; Foxworthy v. Colby, 64 Neb. 216, 89 N. W. 800, 62 Ls R. A. 393; Organ v. Allison, 9 Baxt. (Tenn.) 462.

Defined under Material in Black's Law Dictionary.