defect of form or substance
- defect of form or substance
-
If the right of the party pleading sufficiently appears to the court, although the pleading does not conform to the established method of procedure, the pleading is said to be defective in matter of form. But if the right does not sufficiently appear to the court, the pleading is defective in matter of substance. Lake Shore & Michigan Southern Railway Co. v Kurtz, lOInd App 60, 75, 37 NE 303.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
defect of form — An imperfection in the style, manner, arrangement, or non essential parts of a legal instrument, plea, indictment, etc., as distinguished from a defect of substance (q.v.) … Black's law dictionary
defect of form — An imperfection in the style, manner, arrangement, or non essential parts of a legal instrument, plea, indictment, etc., as distinguished from a defect of substance (q.v.) … Black's law dictionary
form — n 1: the structure of something (as a document) as distinguished from its matter a defect in form, not substance 2: established procedure according to rule or practice see also form of action 3: a printed or typed document with blank spaces for… … Law dictionary
defect of substance — See defect of form or substance … Ballentine's law dictionary
defect — de·fect / dē ˌfekt, di fekt/ n: something or a lack of something that results in incompleteness, inadequacy, or imperfection: as a: a flaw in something (as a product) esp. that creates an unreasonable risk of harm in its normal use see also… … Law dictionary
Migraines associated with PFO heart defect — PFO, or patent foramen ovale, is a heart valve in humans that usually closes off at or shortly after birth. The valve’s function is to let the circulating blood bypass the lungs, which the body doesn t rely on until a newborn starts breathing air … Wikipedia
clean — Irreproachable; innocent of fraud or wrongdoing; free from defect in form or substance; free from exceptions or reservations. It is a very elastic adjective, however, and is particularly dependent upon context … Black's law dictionary
clean — Irreproachable; innocent of fraud or wrongdoing; free from defect in form or substance; free from exceptions or reservations. It is a very elastic adjective, however, and is particularly dependent upon context … Black's law dictionary
demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… … Black's law dictionary
demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… … Black's law dictionary