Blacks Law Dict. 1st ed

AFFIRM

AFFORATUB

To ratify or confirm a former law or judg ment. Cowell. In the practice of appellate courts, to affirm a judgment, decree, or order, is to declare that it is valid and right, and must stand as rendered below; to ratify and reassert it; to concur in its correctness and confirm its effi cacy. In pleading. To allege or aver a matter of fact; to state it affirmatively; the opposite of deny or traverse. In practice. To make affirmation; to make a solemn and formal declaration or as severation that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. Also, to give testimony on affirmation. In the law of contracts. A party is said to affirm a contract, the same being voidable at his election, when he ratifies and accepts it, waives his right to annul it, and proceeds under it as if it had been valid originally. AFFIRMANCE. In praetice. Thecon firming, or ratifying a former law, or judg ment. Cowell; Blount. The confirmation and ratification by an ap pellate court of a judgment, order, or decree of a lower court brought before it for review. See AFFIRM. A dismissal of an appeal for want of pros ecution is not an "affirmance" of the judg ment. 14 X. Y. 60. The ratification or confirmation of a void able contract or act by the party who is to be bound thereby. The term is in accuraoy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying, of some act performed by another person; and from confirmation, which would seem to apply more properly to cases where a doubtful authority has been exercised by another in behalf of the person ratifying; but these distinctions are not generally observed with much care. Bouvier. AFFIRMANCE DAY GENERAL. In the English court of exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judg ments. 2 Tidd, Pr. 1091. AFFIRMANT. A person who testifies on affirmation, or who affirms instead of tak ing an oath. See AFFIRMATION. Used in affidavits and depositions which are affirmed, instead of sworn to in place of the word "deponent."

Affirmanti, non negantl inonmbit pro* batio. The [burden of] proof lies upon him who affirms, not upon one who denies. Steph. PI. 84. Affirmantis est probare. He who af firms must prove. 9 Cush. 535. AFFIRMATION. In practice. A sol emn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. A solemn religious asseveration in the nat ure of an oath. 1 Greenl. Ev. § 871. AFFIRMATIVE. That which declares positively; that which avers a fact to be true; that which establishes; the opposite of nega tive. The party who, upon the allegations of pleadings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott. AFFIRMATIVE PREGNANT. In pleading. An affirmative allegation imply ing some negative in favor of the adverse party. AFFIRMATIVE STATUTE. In legis lation. A statute couched in affirmative or mandatory terms; one which directs the do ing of an act, or declares what shall be done; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done. Blacks tone describes af firmative acte of parliament as those "where in justice is directed to be done according to the law of the land." 1 Bl. Comm. 142. AFFIRMATIVE WARRANTY. In the law of insurance, warranties may be either affirmative or promissory. Affirma tive warranties may be either express or im plied, but they usually consist of positive representations in the policy of the existence of some fact or state of things at the time, or previous to the time, of the making of the policy; and they are, in general, conditions precedent, which, if untrue, whether mate rial to the risk or not, the policy does not at tach, as it is not the contract of the insurer. 4 Cliff. 281. AFFIXUS. In the civil law. Affixed, fixed, or fastened to. AFFORARE. To set a price or value oa a thing. Blount. AFFORATUS. Appraised or valued, aa things vendible in a market. Blount.

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