AFFIRMATIVE PREGNANT

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AFFIRMATIVE PREGNANT


AFFIRMATIVE PREGNANT, Pleading. An affirmative allegation, implying some negative, in favor of the adverse party, for example, if to an action ofassumpsit, which is barred by the act of limitations of six years, thedefendant pleads that be did not undertake &c. within ten years; areplication that he did undertake, &c. within ten years, would be anaffirmative pregnant; since it would impliedly admit that the defendant hadnot promised within six years. As no proper issue could be tendered uponsuch plea the plaintiff should, for that reason, demur to it. Gould, Pl. c.6 29, 37; Steph. Pl. 381; Lawes, Civ. Pl. 113; Bac. Ab. Pleas, N 6.

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