WHEREAS - This word implies a recital,
and in general cannot be used in the direct and positive
averment of a fact in a declaration or plea. Those
facts which are directly denied by the terms of the
general issue, or which may, by the established usage
of pleading, be specially traversed, must be averred
in positive and direct terms; but facts, however material,
which are not directly denied by the terms of the
general issue, though liable to be contested under
it, and which, according to the usage of pleading,
cannot be specially tra-versed, may be alleged in
the declaration by way of recital, under a whereas.
