SPECIAL TRAVERSE
(bouvier) | 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, Sec. 6, 7; Steph. Pl. 188. Vide Traverse; General Traverse.
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