AIDER BY VERDICT

aider by verdict. The cure of a pleading defect by a trial verdict, based on the presumption that the record contains adequate proof of the necessary facts even if those facts were not specifically alleged.

— Also termed cure by verdict. [Cases: Indictment and Information 200–203; Pleading 432–437. C.J.S. Indictments and Informations §§ 252–256; Pleading §§ 873–886.]

“AIDER BY VERDICT. Wherever a pleading states the essential requisites of a cause of action or ground of defense, it will be held sufficient after a general verdict in favor of the party pleading, though the statement be informal or inaccurate; but a verdict will never aid the statement of a title or cause of action inherently defective.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 332, at 531 (Henry Winthrop Ballantine ed., 3d ed. 1923).