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DECLARATION Definition & Legal Meaning

Definition & Citations:

In pleading. The
first of the pleadings on the part of the plaintiff in an action at law, being a formal and
methodical specification of the facts and circumstances constituting his cause of action.
It commonly comprises several sections or divisions, called “counts,” and its formal
parts follow each other in this order: Title, venue, commencement, cause of action,
counts, conclusion. The declaration, at common law. answers to the “libel” in
ecclesiastical and admiralty law, the “bill” in equity, the “petition” in civil law. the
“complaint” In code pleading, and the “count” In real actions. TT. S. v. Ambrose, 108
TT. S. 336, 2 Sup. Ct. 682. 27 L. Ed. 740: Buckingham v. Murray. 7 Iloust. (Del.) 176.
30 Atl. 779; Smith v. Fowie. 12 Wend. (N. Y.) 10: Railway Co. v. Nugent, 86 Md. 349,
38 Atl. 779, 39 L. R. A. 161.
In evidence. An unsworn statement or Narration of facts made by a party to the
transaction, or by one who has an interest in the existence of the facts recounted. Or a
similar statement made by a person since deceased, which is admissible in evidence in
some cases, contrary to the general rule. e. p., a “dying declaration.”
In practice. The declaration or declaratory part of a judgment, decree, or order is
that part which gives the decision or opinion of the court on the question of law in the
case. Thus, in an action raising a question as to the construction of a will, the judgment
or order declares that, according to the true construction of the will, the plaintiff has
become entitled to the residue of the testator’s estate, or the like. Sweet
In Scotch practice. The statement of a criminal or prisoner, taken before a magistrate.
2 Alis. Crim. Pr. 555.


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