Also known as: and also
Written by attorneys · grounded in primary & secondary sources — see below
A common-law pleading device that adds the words 'and also' to introduce a genuine claim after alleging a fictitious one solely to establish the court's jurisdiction over the defendant.
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Aaron Adams leased land to Anita Ali under an arrangement terminable by either party at any time with no fixed duration. When Anita stopped paying rent, Aaron filed a bill alleging a fictitious trespass to secure jurisdiction and then added the clause to state his real claim for termination of the estate.
Anchor Bank and Aether Technologies negotiated a contract with reasonable ties to two states. Anchor filed a pleading alleging a fictitious trespass claim to obtain jurisdiction and inserted the clause to assert its actual claim that the parties' choice-of-law provision should control their rights.
Central Hudson Gas & Electric Corp. sued the Public Service Commission after a ban on promotional advertising. The utility's lawyer filed a bill alleging a fictitious trespass to bring the defendant into court and then used the clause to plead the real First Amendment claim.
Chicago, Burlington & Quincy Railroad Co. challenged the City's taking of its land without just compensation. Counsel alleged a fictitious trespass to secure jurisdiction and added the clause to state the actual Fifth Amendment claim for payment.
Pennoyer sued Neff over a land claim in Oregon. The plaintiff alleged a fictitious trespass to obtain jurisdiction over the nonresident and inserted the clause to plead the true action to quiet title.
Hanson sued Denckla to determine rights under a Florida trust. The plaintiff alleged a fictitious trespass to bring the defendant into court and added the clause to assert the real claim concerning the trust's validity.
Courts such as the King's Bench originally exercised jurisdiction only over certain crown matters or trespass claims. Adding a fictitious trespass allegation gave the court power over the defendant, after which the ac etiam clause directed attention to the genuine cause of action such as debt.
Supporting sources
The device became unnecessary once courts obtained general civil jurisdiction without fictitious allegations. Modern rules of civil procedure replaced the common-law forms of action and the need for jurisdictional fictions.
Supporting sources
…for these reasons, the argument goes, that States encourage and formalize marriage, confer special benefits on married persons, and also impose some special obligations. This understanding of the States’ reasons for recognizing marriage enables the majority to argue that same-sex marriage serves the States’ objectives in the…