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Definition of Affirmative pleading
1. Noun. Any defensive pleading that affirms facts rather than merely denying the facts alleged by the plaintiff.
Lexicographical Neighbors of Affirmative Pleading
Literary usage of Affirmative pleading
Below you will find example usage of this term as found in modern and/or classical literature:
1. A Manual of the Practice and Procedure in the Several Courts Having Civil by Ivan Wotherspoon (1880)
"An affirmative pleading consists of two parts, the libel and the conclusion.
In the libel,—or narration as it is sometimes called,—the facts which ..."
2. Reports of Cases Decided in the Court of Common Pleas by Ontario Court of Common Pleas, Edward C Jones, George Frederick Harman, Upper Canada Court of Common Pleas, Salter Jehosaphat Van Koughnet, Christopher Robinson (1852)
"The lessee is not estopped by this presumption, if he can set up by affirmative
pleading any lesser estate, consistent with the lessor's right to demise, ..."
3. Leading Cases of the Court of Civil Appeals of the State of Tennessee: With by Jos C Higgins, Tennessee Court of Civil Appeals, Court of Civil Appeals, Tennessee (1911)
"A set-off can be allowed only on affirmative Pleading. A set-off can be allowed
in the Chancery Court only on affirmative pleading. ..."
4. A Treatise on the Principles of Pleading in Civil Actions: Comprising a by Henry John Stephen (1894)
"... rule that an affirmative pleading that does not conclude to the country must
conclude with a verification, (m) As the ancient rule requiring an offer of ..."
5. Hand-book of Common-law Pleading by Benjamin Jonson Shipman (1895)
"etc.; and hence the rule that an affirmative pleading that does not conclude to
the country must conclude with a verification. As the ancient rule requiring ..."
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