Note 44 — CONFUSION OF WORDS.

It is still a Chancery word. An answer in Chancery, &c., is referred for impertinence, reported impertinent—and the impertinence ordered to be struck out, meaning only what is immaterial or superfluous, tending to unnecessary expense. I am indebted for this explanation to my friend, Mr. Merivale; and to another learned friend, formerly in that court, who describes its meaning as “an excess of words or matter in the pleadings,” and who has received many an official fee for “expunging impertinence,” leaving, however, he acknowledges, a sufficient quantity to make the lawyers ashamed of their verbosity.