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CERTAINTY Definition & Legal Meaning

Definition & Citations:

In pleading. Distinctness ; clearness of statement; particularity. Such precision and explicitness iu the statement of alleged facts that the pleader’s averments and contention may be readily understood by the pleader on the other side, as well as by the court and jury. State v. llayward, 83 Mo. 309; State v. Burke, 151 Mo. 143, 52 S. W. 220; David v. David, 66 Ala. 148. This word is technically used in pleading in two different senses, signifying either distinctness, or particularity, as opposed to undue generality. Certainty is said to be of three sorts: (1) Certainty to a common intent is such as is attained by using words in their ordinary meaning, but is not exclusive of another meaning which might be made out by argument or inference. (2) Certainty to a certain intent in general is that which allows of no misunderstanding if a fair and reasonable construction is put upon the language employed, without bringing in facts which are possible, but not apparent. (3) Certainty to a certain intent in particular is the highest degree of technical accuracy and precision. Co. Litt. 303; 2 H. Bl. 530; Spencer v. Southwick, 9 Johns. (N. Y.) 317; State v. Parker, 34 Ark. 158, 3G Am. Rep. 5. In contracts. The quality of being specific, accurate, and distinct. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12, 1, 0. It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. art. 3522, no. 8; 5 Coke. 121. CERTIFIC ANDO DE RECOGNITIONE STAPUL.7E. In English law. A writ commanding the mayor of the staple to certify to the lord chancellor a statute-staple taken before him where the party himself detains it, and refuses to bring in the same. There is a like writ to certify a statute-merchant, and in divers other cases. Reg. Orig. 148, 151, 152.


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