 | M. E. Dunlap (Counsellor at law) - Law - 1905 - 620 pages
...qualification : that the language of the pleading is to hare a reasonable intend ment and construction, and where an expression is capable of different meanings, that shall be taken which will support the declaration. The division of pleadings, or the parts of pleadings, are arrangeable under two heads... | |
 | William Blackstone, George Sharswood - Law - 1908 - 772 pages
...(Co. Litt. 30, 36 ;) but the language is to have a reasonable intendment and construction, (Com. Dig. Pleader, C. 25;) and if the sense be clear, mere exceptions...construed in such sense as would sustain the verdict. 1 B. & C. 297.— CHITTT. 2 And even then the plaintiff will only lose the benefit of the bail, and the... | |
 | Clarke Butler Whittier, Edmund Morris Morgan - Pleading - 1916 - 686 pages
...qualification : That the language of the pleading is to have a reasonable intendment and construction ; and, where an expression is capable of different meanings, that shall be taken which will support the declaration, etc., and not the other, which would defeat it. * * * But, if it be clearly capable of... | |
 | Law reports, digests, etc - 1885 - 964 pages
...strongly against the party pleading, but the language is to have a reasonable intendment and construction. And where an expression is capable of different meanings,...averment, and not the other which would defeat it. 1 Saund. PI. 416. We have already observed that courts of equity, in construing the pleadings in a... | |
 | Charles Albert Keigwin - Code pleading - 1926 - 896 pages
...pleader apparently intended.7 V. The pleading is to he construed ut res mart's valeai quam pereat; "where an expression is capable of different meanings, that shall be taken which will support the declaration, etc., and not the other, which would defeat it." • It is possible, as Mr. Pcmieroy supposes... | |
 | Law - 1914 - 1308 pages
...expressly pleaded. "The language of the pleading is to have a reasonable intendmcnt and construction; and, where an expression Is capable of different meanings, that shall be taken which will support the declaration, and not the other, which would defeat it" 1 Chitty, 237 ; 1 Saunders, PI. & Ev. 919; Stephen... | |
 | Law reports, digests, etc - 1913 - 1238 pages
...inlendmeut and construction, to remove ambiguity, an auxiliary rule has been adoptcd. It Is this: That when an expression is capable of different meanings that shall be taken which will support the declaration or plea, and not that which would defeat it." Allegations, not in harmony with the theory... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1884 - 590 pages
...the language of the pleading is to have a reasonable intendment and construction ; and when a matter is capable of different meanings, that shall be taken which will support the declaration, &c., and not the other which will defeat it. ( Wyat v. Aland, 1 Salk. 325.) The code (§... | |
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East, 529;) and where an expression is capable of different meanings, that shall be taken which will support the averment, and not the other which would defeat it. 
