Definition of REPUGNANCY


REPUGNANCY

pleading. Where the material facts stated in a
declaration or other pleading, are inconsistent one with another for example,
where in an action of trespass, the plaintiff declared for taking and carring
away certain timber, lying in a certain place, for the completion of a house
then lately built; this declaration was considered bad, for repugnancy; for the
timber could not be for the building of a house already built. 1 Salk. 213.



2. Repugnancy of immaterial facts, and what is merely redundant, and
which need not have been put into the sentence, and contradicting what was
before alleged, will not, in general, vitiate the pleading. Gilb. C. P. 131;
Co. Litt. 303 b; 10 East, R. 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph.
Pl. 378; Com. Dig. Abatement H 6; 1 Vin. Ab. 36; 19 Id. 45; Bac. Ab. Amendment,
&c. E 2 Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h. t.




Source: Bouviers Law Dictionary 1856 Edition

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