Traverse

To deny; to put off. In Civil Pleading. To deny or controvert anything which is alleged in the previous pleading. Lawes, PI. 116. A denial. Willes 224. A direct denial in formal words: “Without this, that, etc.” (absque hoc). 1 Chitty, PI. 523, n. a. A traverse may deny all the facts alleged; 1 Chitty, PI. 525; or any par- A common traverse is a direct denial, in common language, of the adverse allegations, without the absque hoc, and concluding to the country. It is not preceded by an inducement, and hence cannot be used where an inducement is requisite; 1 Saund. 103 b. A general traverse is one preceded by a general inducement and denying all that is last before alleged on the opposite side, in general terms, instead of pursuing the words of the allegation which it denies; Pepper, PI. 17. Of this sort of traverse the replication de injuria sua propria absque tali causa, in answer to a justification, is a familiar example; Steph. PI. 171. A special traverse is one which commences with the words absque hoc, and pursues the material portion of the words of the allegation which it denies; Lawes, PI. 116. It is regularly preceded by an inducement consisting of new matter; Steph. PI. 188. A special traverse does not complete an issue, as does a common traverse; 20 Viner, Abr. 339. A traverse upon a traverse is one growing out of the same point or subject-matter as is embraced in a preceding traverse on the other side; Gould, PI. c. 7, § 42, n. It is a general rule that a traverse well intended on one side must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse if the first traverse is material. The meaning of the rule is that when one party has tendered a material traverse the other cannot leave it and tender another of his own to the same point upon the inducement of the first traverse, but must join in that first tendered; otherwise the parties might alternately tender traverses to each other in unlimited succession, without coming to an issue; Gould, PI. c. 7, § 42. The rule, however, does not apply where the first traverse is immaterial, nor where it is material if the plaintiff would thereby be ousted of some right or liberty which the law allows; Cro. Eliz. 99, 418; Bacon, Abr. Pleas (H 4). In Criminal Practice. To put off or delay the trial of an indictment till a succeeding term. More properly, to deny or take issue upon an indictment. 4 Bla. Com. 351. A toll exacted for passing through a town or lordship. Baldwin’s Britton 63.

In the language of pleading, a traverse signifies a denial. Thns, where a defendant denies any material allegation of fact in the plaintiff's declaration, he is said to traverse it, and the plea itself is thence frequently termed a "traverse." Brown.

In criminal practice. To put off or delay the trial of an indictment till a succeeding term. More properly, to deny or take Issue upon an indictment. 4 Bl. Comm. 351.

— Common traverse. A simple and direct denial of the material allegations of the opposite pleading, concluding to the country, and without inducement or absque hoc.

— General traverse. One preceded by a general inducement, and denying in general terms all that is last before alleged on the opposite side, instead of pursuing the words of the allegations which it denies. Gould, PI. vii. 5.

— Special traverse. 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.

— Traverse jury. A petit jury ; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury.

— Traverse of indictment or presentment. The taking issue upon and contradicting or denying some chief point of it. Jacob.

— Traverse of office. The proving that an inquisition made of lands or goods by the escheator is defective and untruly made. Tomlins. It is the challenging, by a subject, of an inquest of office, as being defective and untruly made. Mozley & Whitley.

— Traverse upon a traverse. One growing out of the same point or subject-matter as is embraced in a preceding traverse on the other side.

To deny.

' Denial; denial of a fact alleged by one's opponent, or of an allegation in an indictment.3 A traverse is a denial on one side of some matter of fact before alleged on the other side; and regularly tenders an issue of fact. It applies to the declaration, plea, replication, or other pleading. The general issue is but a compendious traverse of the whole complaint. A technical traverse is preceded by introductory affirmative matter — matter of inducement; as that is general or special so is the traverse. An example of a "general technical traverse" is a replication de injuria; an example of a " special technical traverse " is a traverse beginning with the words absque hoc, without this, or et non. and not. A common traverse is simply a dii'ect denial, in common negative language. This is the more eligible mode, since it is simple, direct, and produces an issue sooner. It always concludes to the country, q. v.; whereas, the absque hoc traverse concludes, in most cases, with an averment. Illustration of a traverse absque hoc; Plea — A devised to me, B. Replication — A died intestate, and his title is in me, C, his heir: absque hoc, A devised to B. Here the averment of intestacy and heirship introduces the special traverse, and the " absque hoc " denies the devise in the words in which it is alleged. A traverse absque tali causa, without such cause, is, at common law, a traverse of a plea in tort. It denies the matter pleaded and avers that the defendant of his own wrong (de injuria sua propria) and " without such excuse " {absque tali causa) as is set forth in his plea, committed the trespass. This formula was devised as an abridgment of the replication.* See further Replication, De injuria. Traverse jury. A common jury, which finds the fact in dispute, as opposed to the grand jury, g. v. Traverse of ofla.ce. Proving that an inquisition made by an escheator is defective or not true. See Inquest, Of ofi Bce. TREASOM".5 Betrayal, treachery, breach of faith or allegiance.^ Traitor. One who breaks faith, or betrays a trust; one guilty of treason. ' Ripley v. Insurance Co., 16 Wall. 336 (1872). '^ Trdv'-erse. F. traverser, to thwart: L. tran^-versus, turned across. a [3 Bl. Com. 313; 4 id. 351.] •See Gould, Plead. 849-53; Stephen, PI. 163, 364; 18

A plea in denial, closing with a tender of issue. It may either be general, as denying the entire cause of action in general terms {General issue), or specific, limited, as denying one specified and particular, but essential fact. Special traverse: a plea of traverse, with an inducement alleging new matter in avoidance, and an absque hoc (without this) clause, traversing specifically some point in the declaration. The special traverse concluded with verification, v. Pleading. King, Queen, or their consort, eldest daughter against the King, or seal or money; slaying sitting in office. In States; or adhering to fort. Petit treason: ter by his servant, a by his inferior; or of faith and obedience.

crim. law, practice. This is a technical term which means to turn over; it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. Dick. Sess. 151; Burns’s Just. h. t.; 4 Bl. Com. 351.