Definition of IMPERTINENT


IMPERTINENT

practice, pleading. What does not appertain, or
belong to; id est, qui ad rem non pertinet.

2. Evidence of facts which do not belong to the matter in
question, is impertinent and inadmissible. In general, what is
immaterial is impertinent, and what is material is, in general, not
impertinent. 1 McC. & Y. 337. See Gresl. Ev. Ch. 3, s. 1, p.
229. Impertinent matter, in a declaration or other pleading is that
which does not belong to the subject; in such case it is considered
as mere surplusage, (q. v.) and is rejected. Ham. N. P. 25. Vide 2
Ves. 24; 5 Madd. R. 450; Newl. Pr. 38; 2 Ves. 631; 5 Ves. 656; 18
Eng. Com. Law R. 201; Eden on Inj. 71.

3. There is a difference between matter merely impertinent and
that which is scandalous; matter may be impertinent, without being
scandalous; but if it is scandalous, it must be impertinent.

4. In equity a bill cannot, according to the general practice, be
referred for impertinence after the defendant has answered or
submitted to answer, but it may be referred for scandal at any
time, and even upon the application of a stranger to the suit.
Coop. Eq. Pl. 19; 2 Ves. 631; 6 Ves. 514; Story, Eq. Pl.
270. Vide Gresl. Eq. Ev. p. 2, c. 3, s, 1; 1 John. Ch. R. 103; 1
Paige s R. 555; I Edw. R. 350; 11 Price, R. 111; 5 Paige s R. 522;
1 Russ. & My. 28; Bouv. Inst. Index, h. t.; Scandal.

Source: Bouviers Law Dictionary 1856 Edition

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