The DICT Development Group

Search for:
Search type:

Database copyright information
Server information
Wiki: Resources, links, and other information

1 definition found
 for GIST
From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  GIST, pleading. Gist of the action is the essential ground or object of it, 
  in point of law, and without which there is no cause of action. Gould on Pl. 
  c. 4, Sec. 12. But it is observable that the substance or gist of the action 
  is not always the principal cause of the plaintiff Is complaint in point of 
  fact, nor that on which he recovers all or the greatest part of his damages. 
       2. It frequently happens that upon that part of his declaration which 
  contains the substance or gist of the, action, he only recovers nominal 
  damages, and he gets his principal satisfaction on account of matter 
  altogether collateral thereto. A familiar instance of this is the case where 
  a father sues the defendant for a trespass for the seduction of his 
  daughter. The gist of the action is the trespass, and the loss of his 
  daughter's services, but the collateral cause is the injury done to his 
  feelings, for which the principal damages are given. In stating the 
  substance or gist of the action, every thing must be averred which is 
  necessary to be proved at the trial. Vide 1 Vin. Ab. 598; 2 Phil. Ev. 1, 
  note. See Bac. Abr. Pleas, B; Doct. P. 85. See Damages, special, in 
  pleading; 1 Vin. At. 598; 2 Phil. Ev. 1, n. 

Questions or comments about this site? Contact webmaster@dict.org