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Rule Iii Pleadings Must Not Be Argumentative


RULE III PLEADINGS MUST NOT BE ARGUMENTATIVE. Another rule seek ing to prevent obscurity and confusion in pleading is, that the pleadings must not be argumentative. Thus , two affirmatives do not make a good issue, for the tra verse by the second is argumentative in its nature. It is this rule against argumentativeness that necessitates the absque hoc in the special traverse. The vitiating affirmativeness must be in the effect of the words used and not merely in their form. So a traverse consist ing of two negatives is equally bad, and for the same reason.