Impertinent

Also found in: Dictionary, Thesaurus, Medical, Encyclopedia.

IMPERTINENT, practice, pleading. What does not appertain, or belong to; id est, qui ad rem non pertinet.
     2. Evidence of facts which do not belong to the matter in question, is impertinent and inadmissible. In general, what is immaterial is impertinent, and what is material is, in general, not impertinent. 1 McC. & Y. 337. See Gresl. Ev. Ch. 3, s. 1, p. 229. Impertinent matter, in a declaration or other pleading is that which does not belong to the subject; in such case it is considered as mere surplusage, (q.v.) and is rejected. Ham. N. P. 25. Vide 2 Ves. 24; 5 Madd. R. 450; Newl. Pr. 38; 2 Ves. 631; 5 Ves. 656; 18 Eng. Com. Law R. 201; Eden on Inj. 71.
     3. There is a difference between matter merely impertinent and that which is scandalous; matter may be impertinent, without being scandalous; but if it is scandalous, it must be impertinent.
    4. In equity a bill cannot, according to the general practice, be referred for impertinence after the defendant has answered or submitted to answer, but it may be referred for scandal at any time, and even upon the application of a stranger to the suit. Coop. Eq. Pl. 19; 2 Ves. 631; 6 Ves. 514; Story, Eq. Pl. Sec. 270. Vide Gresl. Eq. Ev. p. 2, c. 3, s, 1; 1 John. Ch. R. 103; 1 Paige's R. 555; I Edw. R. 350; 11 Price, R. 111; 5 Paige's R. 522; 1 Russ. & My. 28; Bouv. Inst. Index, h.t.; Scandal.

MATTER, IMPERTINENT, Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet. 4 Bouv. Inst. n. 4163. See Impertinent.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

Mentioned in ?

References in periodicals archive ?

(3) Langbaine claimed that Thomas Southerne's The Disappointment; or, The Mother in Fashion (1684) also has "somewhat of the story of The Curious Impertinent, in Don Quixot" (1691, 489).

Cambio de genero literario en las adaptaciones de "El curioso impertinente" de Cervantes en la Restauracion inglesa

Though sometimes conflated, the motion to strike scandalous or impertinent matter differs from a motion to strike a sham pleading.

A walk through the strike zone

Judge Kelson, who laid into the barrister for his "impertinent, appalling, monstrous behaviour", responded by finding Mr West guilty of contempt of court and fining him PS500.

Barrister could face action over row with judge Barrister Ian West /

Summary: TEHRAN (FNA)- Iranian Foreign Minister Manouchehr Mottaki reiterated that the motto of "change" chanted by US President Barack Obama in his election campaign was just some hollow words impertinent to the country's actual foreign policy.

Iranian FM: No Sign of Change in US's Foreign Policy

The impertinent self; a heroic history of modernity and film.

The impertinent self; a heroic history of modernity and film

Again, the allegro giocoso was full of life and, in many ways, quite impertinent.

MUSIC RLPO and Choir/Daniel, Philharmonic Hall; 08 Culture Diary

One night in 1943, cartoonist Ted Key had a dream about a bossy, impertinent maid.

A great cartoonist remembered

It seems impertinent to ask Maffre if she ever wanted to do anything else but dance, a passion that has suffused her limbs since she pestered her mother to take ballet class like her sister.

The beauty of inflections: SFB's Muriel Maffre has built a stellar career on elegance and a maverick spirit

According to DiLorenzo, famed abolitionist William Lloyd Garrison certainly understood Lincoln's intentions to colonize blacks in other lands when Garrison declared, "President Lincoln may colonize himself if he choose, but it is an impertinent act, on his part, to propose the getting rid of those who are as good as himself."

An honest look at Abe: Abraham Lincoln is usually regarded as a saintly figure, but a detailed book about Lincoln shows that much of what historians say about him is pure fiction

Please don't think me impertinent in writing to tell you how absolutely exquisitely lovely I think "The Waves." But I only do so because it moved me so much that I can't help it.

63 Handwritten: October 27, 1931

They are never sufficient to the question, and they're always a little impertinent, I think, because they claim for God a place within our conceptual grasp.

Belief

When the four are together, God sees the girl's questions as impertinent and intrusive, while the Serpent sees them as intriguing and important.