ALITER, otherwise. This term is frequently used to point out a difference between two decisions; as, a point of law has been decided¹ in a particular way, in such a case, aliter in another case.

ALIUNDE. From another place; evidence given aliunde, as, when a will contains an ambiguity², in some cases, in order to ascertain³ the meaning of the testator, evidence aliunde will be received.

ALL FOURS. This is a metaphorical⁴ expression, to signify that a case agrees in all its circumstances with another case; it goes as it were upon its four legs, as an animal does.

ALLEGATA. A word which the emperors formerly⁵ signed at the bottom of their rescripts and constitutions; under other instrumets they usually wrote nata or testate. Ency. Lond.

ALLEGATA AND PROBATA. The allegations made by a party to a suit, and the proof adduced in their support. It is a general rule of evidence that the allegata and probata must correspond; that is, the proof must at least be sufficiently⁶ extensive to cover all the allegations of the party. Greenl. Ev. 51; 3 R. s. 636.

ALLEGATION, English ecclesiastical law. According to the practice of the prerogative⁷ court, the facts intended to be relied on in support of the contested suit are set forth⁸ in the plea, which is termed an allegation; this is submitted to the inspection⁹ of the counsel of the adverse¹⁰ party, and, if it appear to them objectionable in form or substance, they oppose the admission of it. If the opposition¹¹ goes to the substance of the allegation, and is held to be well founded, the court rejects it; by which mode of proceeding¹² the suit is terminated without, going into any proof of the facts. 1 Phil. 1, n.; 1 Eccl. Rep. ll, n. S. C. See 1 Brown's Civ. Law, 472, 3, n.

ALLEGATION, common law. The assertion, declaration or statement of a party of what he can prove.

ALLEGATI6N, civil law. The citation¹³ or reference to a voucher¹⁴ to support a proposition. Dict. de jurisp.; Encyclopedie, mot Allegation; 1 Brown's Civ. Law, 473, n.

ALLEGATION OF FACULTIES¹⁵ When a suit is instituted in the English ecclesiastical courts, in order to obtain alimony, before it is allowed, an alIegation must be made on the part of the wife, stating the property of the husband. This allegation is called an allegation of faculties. Shelf. on Mar¹⁶. and Div. 587.