negative averment
Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Bouvier (1914), Black's (1910), Black's (1891)
Definitions from Case Law
From 289 U.S. 89 - Rossi v. United States · 1933Most cited · 202 citing opinions
it is not incumbent on the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if untrue, could be readily disproved by the production of documents or other evidence probably within the defendant's possession or control
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
In pleading. An averment in some of the pleadings in a case in which a negative is asserted.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
In Pleading. An averment in some of the pleadings in a case in which a negative is asserted.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e. g., that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove t. Brown.
Defined under Negative in Black's Law Dictionary.
A Dictionary of Law
Henry Campbell Black · 1891
Ags oppesed to the traverse or simple denial of an afirmative allegation, a negative averment is an allegation of some substantive fact, e, g., that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must proveit. Brown,