Bryan A. Garner

LawProse Lesson #149: “Further affiant sayeth naught”

Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. First, is it sayeth or saith? Among American lawyers who use the phrase (British lawyers don’t), sayeth predominates. …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. umpteenth is sometimes misspelled *”umteenth” — e.g.: “A House subcommittee is at work on Virginia’s umteenth [read umpteenth] study of campaign-finance reform.” “Campaign-Finance Reform: Mandate Disclosure,” Virginian-Pilot & Ledger Star (Norfolk), 8 Aug. 1996, at A18. unalterable; *inalterable. The latter is a needless variant. unanimous appears in various redundant phrases, such as *”unanimously …

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Garner’s Usage Tip of the Day: used to (3).

used to (3). Today: Contracted Form of “used not to.” In Irish speech, the formal phrase “used not to” is sometimes contracted (rather awkwardly) to “usen’t to” or “usedn’t to” — e.g.: o “Ivy Reading, who worked there for 40 years, said: ‘Saturdays we usen’t to be able to [read ‘couldn’t’] stop even for a …

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Garner’s Usage Tip of the Day: used to (2).

used to (2). Today: “didn’t used to”; *”didn’t use to.” “Didn’t used to” (= formerly didn’t) is the informal equivalent of the standard form “never used to” and the rarely encountered phrase “used not to” — e.g.: o “‘Green’ didn’t used to be a popular word in the white world of skiing and snowboarding.” Gary …

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Garner’s Usage Tip of the Day: used to (1).

used to (1). Today: Generally. “Used to,” not *”use to,” is the phrase meaning “formerly” — e.g.: o “For those who don’t know, Dagmar was a very big blond, what we use to [read ‘used to’] call in those days ‘well-endowed.’” Nick Clooney, “Hanging Out with Rosie on Early TV,” Cincinnati Post, 8 Jan. 2003, …

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Garner’s Usage Tip of the Day: usage.

usage. “Usage” generally refers to an idiom or form of speech, an occurrence of one, or forms of speech in general. E.g.: o “The first three usages [of ‘received pronunciation’] attested in OED indeed derive from his work, beginning in 1869.” L.C. Mugglestone, “John Walker and Alexander Ellis,” Notes & Queries, 1 Mar. 1997, at …

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LawProse Lesson #148: What’s wrong with WITNESSETH?

What’s wrong with putting “WITNESSETH” at the head of a contract? It harks back to an old mistake dating from mid-20th-century formbooks. Witnesseth, you see, is an archaic third-person singular form of the verb (witness), equivalent to cometh (The Ice Man cometh) or sayeth (Further affiant sayeth naught). It would make sense, in Elizabethan English, …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. ukulele. So spelled — not *”ukelele.” ultimately = (1) in the end {she ultimately changed her mind}; (2) basically; fundamentally {the two words are ultimately related}. ultimatum. The plural is “ultimatums.” The native plural “-ums” has long been considered preferable to the Latinate “-ta” — e.g.: “The 49ers president delivered an ultimatum to …

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Garner’s Usage Tip of the Day: upward(s).

upward(s). Although “upward” is generally the preferred adverb and adjective in American English, the form ending in “-s” has become established in the set phrase “upwards of” (= more than). But “more than” is usually better than “upwards of” — e.g.: o “The company said that upwards of [read ‘more than’] 15 percent of the …

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Garner’s Usage Tip of the Day: upon.

upon. “Upon” is a formal word appropriate for formal occasions — e.g.: “Beneath his likeness sits a table upon [read ‘on’] which participants place the fabric after prostrating themselves three times.” Norine Dresser, “Southern California Voices,” L.A. Times, 8 Feb. 1997, at B7. But in most contexts “upon” is unnecessary in place of “on” — …

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Garner’s Usage Tip of the Day: unwieldy.

unwieldy. “Unwieldy,” an adjective meaning “difficult to handle” {unwieldy packages}, often seems to be mistaken for an adverb ending in “-ly” — e.g.: o “And it doesn’t require an unwieldly [read ‘unwieldy’], lengthy tournament to improve the situation.” Mark Kiszla, “Nittany Lions Left with Whine, Roses,” Denver Post, 3 Jan. 1995, at C1. o “The …

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LawProse Lesson #147: Is “snoot” really a word?

Is snoot really a word? Yes: It is an acronym coined by the family of David Foster Wallace, who introduced the term to the literary world in his essay “Authority and American Usage” in Consider the Lobster 66-127 (2006). The word stands for either “Sprachgefühl Necessitates Our Ongoing Tendance” or “Syntax Nudniks of Our Time.” …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. typography; topography. “Typography” = the study and techniques of using type in printing, esp. as a designer or a typesetter. “Topography” = the three-dimensional shape of terrain. On occasion the first word gets misused for the second — e.g.: “The highest and best use of the property is the mining of limestone, says …

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Garner’s Usage Tip of the Day: untrammeled.

untrammeled. “Untrammeled” = unfettered; free. A trammel is a restraint in the form of a net or shackle. E.g.: “When Bush leaves office . . . , the radical theory of untrammeled executive power propounded by his administration will leave, too.” Richard Just, “House Hold,” New Republic, 12 Mar. 2008, at 2. The traditional sense …

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Garner’s Usage Tip of the Day: unsupportable; insupportable.

unsupportable; insupportable. Both forms are standard and have been since they were first recorded in English in the 16th century. “Unsupportable” is about twice as common as “insupportable” in American print sources — e.g.: “[A]dding $212 a month for health insurance to food, transportation, and housing costs in this high-cost state might well prove an …

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Garner’s Usage Tip of the Day: *unrelentlessly.

unrelentlessly. *”Unrelentlessly” is a solecism for either “unrelentingly” or “relentlessly.” Ironically, this nonword literally suggests just the opposite of the intended meaning — e.g.: o “He has unrelentlessly [read ‘relentlessly’ or, better, ‘faithfully’] served as a committee person involved in parks and recreation, fire prevention, police and emergency services, highway management, budget control and youth …

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Garner’s Usage Tip of the Day: *unmercilessly.

*unmercilessly. *”Unmercilessly” is a malapropism and nonword on the order of *”uncategorically.” “Mercilessly,” of course, is the word — e.g.: o “He worked with top-flight professionals and drilled them unmercilessly [read ‘mercilessly’].” David Richards, “That Fosse Flair,” Wash. Post, 27 Sept. 1987, at F12. o “They were joined in their crime by the ‘slashers’ who …

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