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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 36. Special Traverse |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
"A special traverse consists of a statement of new matter amounting to an argumentative denial of facts adversely alleged, as an affirmative inducement to a specific traverse of some allegation in the pleading opposed to it.17 It consists of an affirmative not compatible with the adversary's former pleading, and a negative in direct contradiction to it.18
"The inducement cannot be traversed if confessed and avoided, under the general rule applicable to all good traverses. There cannot be a traverse upon a good traverse, nor can there be a confession and avoidance upon a good traverse, but issue must be taken upon it." 19 20
 
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