It is an averment of a conclusion of law which is permitted to abridge the facts (positive and negative) on which it is founded.
The latter case shows the averment of negligence to have been mere form.
A new objection is raised against the averment that the gods, &c. also are entitled to the knowledge of Brahman.
And the oath prescribed for them on returning was explicitly an averment of truth.
The Limitationist, more modest in averment, not having sufficient information to be positive, simply says he does not know.
There is no averment in this plea which shows or conduces to show an inability in the plaintiff to sue in the Circuit Court.
I must take exception, for instance, to his averment “that what we respect and admire,” viz.
Neither in itself nor in its preamble was there an averment, or even an assumption of its necessity, as a rule of guidance.
To aver that his ancestors were sold as slaves, is not equivalent, in point of law, to an averment that he was a slave.
No sooner had Mrs. Falconer cast her eyes upon him than she could not but be convinced of the truth of Robert's averment.