法律英语|英文法律词典 A-86

ALITER, otherwise. This term is frequently used to point out a difference between two decisions; as, a point of law has been decided^{1 in a particular way, in such a case, aliter in another case.}

ALIUNDE. From another place; evidence given aliunde, as, when a will contains an ambiguity^{2, in some cases, in order to ascertain3 the meaning of the testator, evidence aliunde will be received.}

ALL FOURS. This is a metaphorical^{4 expression, to signify that a case agrees in all its circumstances with another case; it goes as it were upon its four legs, as an animal does.}

ALLEGATA. A word which the emperors formerly^{5 signed at the bottom of their rescripts and constitutions; under other instrumets they usually wrote nata or testate. Ency. Lond.}

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^{6 extensive to cover all the allegations of the party. Greenl. Ev. 51; 3 R. s. 636.}

ALLEGATION, English ecclesiastical law. According to the practice of the prerogative^{7 court, the facts intended to be relied on in support of the contested suit are set forth8 in the plea, which is termed an allegation; this is submitted to the inspection9 of the counsel of the adverse10 party, and, if it appear to them objectionable in form or substance, they oppose the admission of it. If the opposition11 goes to the substance of the allegation, and is held to be well founded, the court rejects it; by which mode of proceeding12 the suit is terminated without, going into any proof of the facts. 1 Phil. 1, n.; 1 Eccl. Rep. ll, n. S. C. See 1 Brown's Civ. Law, 472, 3, n.}

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

ALLEGATI6N, civil law. The citation^{13 or reference to a voucher14 to support a proposition. Dict. de jurisp.; Encyclopedie, mot Allegation; 1 Brown's Civ. Law, 473, n.}

ALLEGATION OF FACULTIES^{15 When a suit is instituted in the English ecclesiastical courts, in order to obtain alimony, before it is allowed, an alIegation must be made on the part of the wife, stating the property of the husband. This allegation is called an allegation of faculties. Shelf. on Mar16. and Div. 587.}