Sentences with phrase «averment of»

For if there is no plea in abatement, and the want of jurisdiction does not appear in any other part of the transcript brought up by the writ of error, the undisputed averment of citizenship in the declaration must be taken in this court to be true.

(Application to strike out averment of constructive notice in Etridge defence; application successfully opposed by Marc Beaumont).

Defendants (Catherine and Seth Afeku) in their pleadings, however, denied all the allegations saying the averments of the plaintiffs were a total and complete distortion of the dealings and transaction that transpired between the parties.

In the last - mentioned case, Capron brought an action against Van Noorden in a Circuit Court of the United States without showing, by the usual averments of citizenship, that the court had jurisdiction.

Not exact matches

«All other averments relating to fraudulent activities against the applicant remain largely in the realm of imagination of the respondent and unproved as there is no such document before the court.

The judge held, «The applicant made averments and exhibited documents which have not been contradicted by the respondent in the form of a counter-affidavit.