Definition of SPECIAL TRAVERSE,


SPECIAL TRAVERSE,

pleading. A technical special traverse begins
in most cases, with the words absque hoc, (without this,) which words in
pleading form a technical form of negation. Lawes~ Pl. 116 to 120.


2. A traverse commencing with these words is special, because, when it
thus commences, the inducement and the negation are regularly both special; the
former consisting of new matter, and the latter pursuing, in general, the words
of the allegation traversed, or at least those of them which are material. For
example, if the defendant pleads title to land in himself, by alleging that
Peter devised the land to him, and then died seised in fee; and the plaintiff
replies that Peter died seised in fee intestate, and alleges title in himself,
as heir of Peter without this, that Peter devised the land to the defendant;
the traverse is special. Here the allegation of Peter~s intestacy, &c.,
forms the special inducement; and the absque hoc, with what follows it, is a
special denial of the alleged devise, i. e. a denial of it in the words of the
allegation. Lawes on Pl. 119, 120; Gould, Pl. ch. 7, §6, 7; Steph. Pl.
188. Vide Traverse; General Traverse.




Source: Bouviers Law Dictionary 1856 Edition

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