In the instant case, the averments of the bill show that the directors were proceeding to make the investments in view of the act authorizing the bonds about to be purchased, maintaining that the act authorizing them was constitutional, and the bonds valid and desirable investments.
32.
it would be inconvenient, that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of the parties should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory .
33.
Cleopatra continued the pro-Roman policies of her father and did not hesitate to have the murderers arrested and handed over in chains to Bibulus, because a simple averment of the queen not to be guilty of the crime would surely not have been enough for the mourning father.
34.
The case seems to have gone on the ground, that the means were matter of evidence, and not of averment; and that after verdict, it was to be presumed, that the means contemplated and used were such as to render the combination unlawful and constitute a conspiracy.
35.
Initially, the plaintiff need not prove anything; he may " prima facie " discharge the primary onus by the mere averment in the summons that the plaintiff is the holder of a liquid document bearing the defendant's signature or that of an authorised agent of the defendant.
36.
The factual averments in the affidavit, if accurate, are sufficient to confirm that Hamdi's detention conforms with a legitimate exercise of the war powers given the executive by Article II, Section 2 of the Constitution and, as discussed elsewhere, that it is consistent with the Constitution and laws of Congress.
37.
"Aside from averments as to citizenship and residence, recitals as to the provisions of the statute and statements as to the business of the corporation contained in the first ten paragraphs of the bill advanced to sustain jurisdiction, the bill alleged twenty-one constitutional objections specified in that number of paragraphs or subdivisions.
38.
The same may be said of the concluding matter, which follows the averment, as to the great damage and oppression not only of their said masters, employing them in said art and occupation, but also of divers other workmen in the same art, mystery and occupation, to the evil example, & c.
39.
If the respondent in such a case has failed to apply for the deponents concerned to be called for cross-examination, and if the court is satisfied as to the inherent credibility of the applicant's averments, the court may decide the disputed fact in the applicant's favour, without hearing oral evidence.
40.
Now it is to be considered, that the preamble and introductory matter in the indictment-- such as unlawfully and deceitfully designing and intending unjustly to extort great sums, & c .-- is mere recital, and not traversable, and therefore cannot aid an imperfect averment of the facts constituting the description of the offence.
