immaterial allegation

immaterial allegation
An unessential allegation in a pleading; an allegation which can be stricken from the pleading without leaving it insufficient; an allegation which need not be proved or disproved. Green v Palmer, 15 Cal 411, 416.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • immaterial averment — Same as immaterial allegation …   Ballentine's law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • immaterial issue — An issue which occurs where a material allegation in the pleadings is not answered, but an issue is taken on some point which will not determine the merits of the case, so that the court must be at a loss to determine for which of the parties to… …   Ballentine's law dictionary

  • irrelevant allegation — One which has no substantial relation to the controversy between the parties to the suit, and which cannot affect the decision of the court. Wayte v. Bowker Chemical Co., 196 App.Div. 665, 187 N.Y.S. 276, 277; Commander Milling Co. v.… …   Black's law dictionary

  • irrelevant allegation — One which has no substantial relation to the controversy between the parties to the suit, and which cannot affect the decision of the court. Wayte v. Bowker Chemical Co., 196 App.Div. 665, 187 N.Y.S. 276, 277; Commander Milling Co. v.… …   Black's law dictionary

  • averment — I noun adjuration, adjurement, affirmance, affirmation, announcement, assertion, assertment, assertory oath, asseveration, attest, attestation, avouchment, avowal, confirmation, declaration, formulation, instrument in proof, positive declaration …   Law dictionary

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