negative pregnant

Negative \Neg"a*tive\ (n[e^]g"[.a]*t[i^]v), n. [Cf. F.
   n['e]gative.]
   1. A proposition by which something is denied or forbidden; a
      conception or term formed by prefixing the negative
      particle to one which is positive; an opposite or
      contradictory term or conception.
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            This is a known rule in divinity, that there is no
            command that runs in negatives but couches under it
            a positive duty.                      --South.
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   2. A word used in denial or refusal; as, not, no.
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   Note: In Old England two or more negatives were often joined
         together for the sake of emphasis, whereas now such
         expressions are considered ungrammatical, being chiefly
         heard in iliterate speech. A double negative is now
         sometimes used as nearly or quite equivalent to an
         affirmative.
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               No wine ne drank she, neither white nor red.
                                                  --Chaucer.
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               These eyes that never did nor never shall
               So much as frown on you.           --Shak.
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   3. The refusal or withholding of assents; veto.
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            If a kind without his kingdom be, in a civil sense,
            nothing, then . . . his negative is as good as
            nothing.                              --Milton.
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   4. That side of a question which denies or refuses, or which
      is taken by an opposing or denying party; the relation or
      position of denial or opposition; as, the question was
      decided in the negative.
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   5. (Photog.) A picture upon glass or other material, in which
      the light portions of the original are represented in some
      opaque material (usually reduced silver), and the dark
      portions by the uncovered and transparent or
      semitransparent ground of the picture.
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   Note: A negative is chiefly used for producing photographs by
         means of passing light through it and acting upon
         sensitized paper, thus producing on the paper a
         positive picture.
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   6. (Elect.) The negative plate of a voltaic or electrolytic
      cell.
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   {Negative pregnant} (Law), a negation which implies an
      affirmation.
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NEGATIVE PREGNANT, pleading. Such form of negative expression, in pleading, 
as may imply or carry within it an affirmative. 
     2. This is faulty, because the meaning of such form of expression is 
ambiguous. Example: in trespass for entering the plaintiff's house, the 
defendant pleaded, that the plaintiff's daughter gave him license to do so; 
and that he entered by that license. The plaintiff replied that he did not 
enter by her license. This was considered as a negative pregnant and it was 
held the plaintiff should have traversed the entry by itself, or the license 
by itself, and not both together. Cro. Jac. 87. 
     3. It may be observed that this form of traverse may imply; or carry 
within it, that the license was given, though the defendant did not enter by 
that license. It is therefore in the language of pleading said to be 
pregnant with the admission, namely, that a license was given: at the same 
time, the license is not expressly admitted, and the effect therefore is, to 
leave it in doubt whether the plaintiff means to deny the license, or to 
deny, that the defendant entered by virtue of that license. It is this 
ambiguity which appears to constitute the fault. 28 H. VI. 7; Hob. 295; 
Style's Pr. Reg. Negative Pregnant. Steph. PI. 381; Gourd, Pl. c. 6, Sec. 
29-37. 
     4. This rule, however, against a negative pregnant, appears, in modern 
times at least, to have received no very strict construction; for many cases 
have occurred in which, upon various grounds of distinction from the general 
rule, that form of expression has been free from objection. See several 
instances in Com. Dig. Pleader, R. 6; 1 Lev. 88; Steph. Pl. 383. Vide Arch. 
Civ. PI. 218; Doct. Pl. 817; Lawe's Civ. Pl. 114; Gould, Pl. c. 6, 36.