Chapter-18 : One can note that s12 breaks the continuity between s11 and s13 with hyperbolic averments and s56 combines what is stated in the preceding and the succeeding slokas, and thus both are seemingly interpolations.
22.
There had been no averment in Singh's affidavit that he had complied with the requirements of section 7 ( 1 ); the affidavit was incomplete, as none of the annexures referred to therein had been attached.
23.
On 5 April 2010, Justice S . Muralidhar dismissed the petition, stating that allegations of violence and harassment were " vague averments " and that there as an " absence of any specific instances of any such attacks ."
24.
Shipley was, however, later freed when the King's Bench held that the initial indictment had been invalid because " there were no averments to point the application of the paper as a libel on the king and government ".
25.
Instead of piling layers and layers of pleadings and averments on top of each other, a pleading that was attacked by demurrer would either be completely superseded by an amended pleading or would proceed immediately " at issue " as to the validly pleaded parts.
26.
Averments : that the said goods did arrive by the said ship from Bombay in England, to wit, at Liverpool, and the plaintiff was then and there ready, and willing and offered to deliver the said goods to the defendants, & c.
27.
The defendant then delivered his statement of defence, in which he was to say whether he admitted or denied the plaintiff's facts ( every averment not traversed being taken to be admitted ), and any additional facts and legal defences on which he relied.
28.
Despite Genoese averments that Venice had nothing to do with the attack, the Byzantine Emperor Manuel I Komnenos ( r . 1143 1180 ) used the attack on the settlement as a pretext to imprison all Venetian citizens and confiscate all Venetian property within the Byzantine Empire.
29.
Plaintiff's counsel concluded his averments by arguing that even if brought in assumpsit, the action would have alleged the same basis for recovery because the law implied a promise " co-extensive " to the violations of duty alleged under case in the declaration.
30.
The repugnancy of the statute to the Constitution of the United States, as well as grounds of equitable jurisdiction were set forth in the bill, and the right to come here on direct appeal was sustained because of the averments based upon constitutional objections to the act.
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