Beatty v. Parsons

Citations

• 25 Del. 134
• 2 Boyce 134
• 78 A. 302
• 1910 Del. LEXIS 84

Syllabus

<p>1. Pleading — “Special Traverse” — Requisites.</p> <p>A “special traverse” must always consist of an inducement, which is the affirmative part of the pleading, and a negative, which is called the absque hoc, and a conclusion to the country.</p> <p>2. Pleading — Special Traverse — Requisites.</p> <p>The opposite party may not traverse the inducement of a special traverse.</p> <p>3. Pleading — Special Traverse — Replication.</p> <p>The special traverse may be employed in a plea, as well as in a replication.</p> <p>4. Pleading — Special Traverse.</p> <p>A plea in replevin, which defends the wrong and says that plaintiff ought not to maintain his action, because the chattels were in a stranger and not in plaintiff, is a special traverse; the averment that the property was in a stranger being the inducement, and only argumentatively denying the allegation in the declaration that the property was in plaintiff, and the part of the plea averring that the property was not in plaintiff being the absque hoc.</p> <p>5. Pleading — Special Traverse — Absoue Hoc.</p> <p>To constitute a special traverse by the absque hoc, it is not necessary that the words “without this” should be employed, and it is the same if the words “and not” are used.</p> <p>6. Replevin — Pleading—Replication.</p> <p>Where, in replevin, defendant filed a special traverse, alleging the ownérship of the chattels in a stranger, and averring that the property was not in plaintiff, a replication, averring that the property was at the time of the taking in plaintiff as alleged in the declaration, was proper.</p>