Special Traverse

See "Traverse."

See Traverse. for gases. Louisville Public Warehouse Co.

A peculiar form of traverse or denial, the design of which, as distinguished from a common traverse, is to explain or qualify the denial, instead of putting it in the direct and absolute form. It consists of an affirmative and a negative part, the first setting forth the new affirmative matter tending to explain or qualify the denial, and technically called the "inducement," and the latter constituting the direct denial itself, and technically called the "absque hoc." Steph. PI. 169-180; Allen v. Stevens, 29 N. J. Law, 513; Chambers, v. Hunt, 18 N. J. Law. 352 ; People v. Pullman's Car Co.., 175 111. 125, 51 N. E. 664, 64 L. R. A. 366.

Defined under Traverse in Black's Law Dictionary.

pleading. A technical special traverse begins in most cases, with the words absque hoc, (without this), which words in pleading form a technical form of negation. Lawes's Pl. 116 to 120. A traverse commencing with these words is special, because, when it thus commences, the inducement and the negation are, regularly both special; the former consisting of new matter, and the latter pursuing, in general, the words of the allegation traversed, or at least those of them which are material. For example, if the defendant pleads that Peter devised the land to him, and then died seised in fee; and the plaintiff replies that Peter died seised in fee intestate, and alleges title in himself, as heir of Peter, without this, that Peter devised the land to the defendant; the traverse is special. Here the allegation of Peter's intestacy, &c. forms the special inducement; and the absque hoc, with what follows it, is a special denial of the alleged devise; i. e. a denial of it in the words of the allegation. Lawes on Pl. 119, 120; Gould, Pl. ch. 7, § 6, 7; Steph. Pl. 188. Vide Traverse; General Traverse.