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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

ALLEGATION

common law. The assertion, declaration or statement of a party of what he can prove

Civil Law. The citation or reference to a voucher to support a proposition

English Ecclesiastical Law. According to the practice of the prerogative court, the facts intended to be relied on in support of the contested suit are set forth in the plea, which is termed an allegation; this is submitted to the inspection of the counsel of the adverse party, and, if it appear to them objectionable in form or substance, they oppose the admission of it. If the opposition goes to the substance of the allegation, and is held to be well founded, the court rejects it; by which mode of proceeding the suit is terminated without, going into any proof of the facts

ALLEGATA AND PROBATA

The allegations made by a party to a suit, and the proof adduced in their support. It is a general rule of evidence that the allegata and probata must correspond; that is, the proof must at least be sufficiently extensive to cover all the allegations of the party

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