DENIAL

Definition of DENIAL in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DENIAL

A traverse in the pleading of one party of an allegation of fact set up by the other: a defense. See Flack v. O'Brien, 43 N.Y.S. 854, 19 Misc. 399; Mott v. Baxter, 29 Colo. 418, 68 P. 220. A deprivation, as the denial of a constitutional right, U. S. v. Carolene Products Co., Ill., 58 S.Ct. 778, 783, 304 U.S. 144, 82 L.Ed. 1234, or a denial of civil rights. State of New Jersey v. Weinberger, D.C.N.J., 38 F.2d 298, 302. A refusal or rejection, as the denial of a claim on a war risk policy by Veterans' Administration, U. S. v. Green, C.C.A.Tenn., 84 F.2d 449, 450; Morris v. U. S., C.C.A.Miss., 96 F.2d 731, 732, or of a claim for workmen's compensation. Commercial Casualty Ins. Co. v. Hilton, Tex.Civ.App., 55 S.W.2d 120, or of probation. People v. Lopez, 43 Cal. App.2d 854, 110 P.2d 140, 144. A disavowal. People v. Bell, 96 Cal.App. 503, 274 P. 393, 396; Massell v. Fourth Nat. Bank, 38 Ga.App. 601, 144 S.E. 806, 807.

General and Specific

In code pleading, a general denial is one which puts in issue all the material averments of the complaint or petition and permits the defendant to prove any and all facts tending to negative those averments or any of them. Telford v. Iowa Guarantee Mortg. Corp., 58 S.D. 261, 235 N.W. 663, 665. A specific denial is a separate denial applicable to one particular allegation of the complaint. Gas Co. v. San Francisco, 9 Cal. 470; An answer by way of a general denial is the equivalent of, and substitute for, the general issue under the common-law system of pleading. It gives to the defendant the same right to require the plaintiff to establish by proof all the material facts necessary to show his right to recovery as was given by that plea. Kline v. Harris, 30 N.D. 421, 152 N.W. 687, 688, Ann.Cas.1917D, 1176.

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