n. The act of issuing, sending forth, emitting or promulgating; the giving a thing its first inception; as the issue of an order or a writ.
In pleading. The disputed point or ques tlon to which the parties in an action have narrowed their several allegations, and upon which they
More... n. The act of issuing, sending forth, emitting or promulgating; the giving a thing its first inception; as the issue of an order or a writ.
In pleading. The disputed point or ques tlon to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the decision of the proper tribunal. When the pluintlff and defendant have arrived at some specific point or matter affirmed on the one side, and denied on the other, they are said to be at issue. The question so set apart is called the "issue," and 18 designated, according to its nature, as an "issue in fact" or an "issue in law." Brown.
Issues arise upon the pleadings', when a fact or conclusion of law is maintained by the one party and controverted by the other. They are of two kinds: (1) Of law; and (2) of fact. Code N. Y. f 248; Rev. Code Iowa 1880, | 2737; Code Civ. Proc. Cal. s 588.
Issues are classified and distinguished as follows:
General and special. The former is a plea which traverses and denies, briefly and in general and summary terms, the whole declaration, indictment, or complaint, without tendering new or special matter. See Steph. PI. 155. McAllister v. State, 94 Md. 290, 50 Atl. 1046; Standard Loan A Acc Ins. Co. v. Thornton, 97 Tenn. 1, 40 S. W. 136. Examples of the general issue are "not guilty," "non assumpsit;" "nil debet," "non est factum." The latter is formed when the defendant chooses one single material point, which he traverses, and rests his whole case npon its determination.
Material and immaterial. They are so described according as they do or do not bring up some material point or question which, when determined by the verdict, will dispose of the whole merits of the case, and leave no uncertainty as to the judgment.
Formal and informal. The former species of issue is one framed In strict accordance with the technical rules of pleading. The latter arises when the material allegations of the declaration are traversed, but in an inartificial or untechnical mode.
A collateral issue is an issue taken upon matter aside from the Intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a demurrer. 2 Archb. Pr. K. B. 1, 6, bk. 2, pts. 1, 2; Strickland v. Maddox, 4 Ga. 394. The term "collateral" is also applied in England to an issue raised npon a plea of diversity of person, pleaded by a criminal who has been tried and convicted, in bar of execution, viz., that be Is not the same person who was attainted, and the like. 4 Bl. Comm. 396.
Real or feigned. A real Issue is one formed in a regular manner in a regular suit for the purpose of determining an actual controversy. A feigned issue is one made up by direction of the court, upon a supposed case, for the purpose of obtaining the verdict of a jury upon some question of fact collaterally involved In the cause.
Common issue is the name given to the issue raised by the plea of non est factum to an action for breach of covenant.
IA real law. Descendants. All persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547 ; 1 Rop. Leg. 90.
In this sense, the word includes not only a child or children, but all other descendants in whatever degree; and it is so construed generally in deeds. But, when used in wills, it is. of course, subject to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather than the technical meaning of the language used by him; and hence issue may, in such a connection, be restricted to children, or to descendants living at the death of the testator, where such an intention clearly appears. Abbott.
In business law. A class or series of bonds, debentures, etc, comprising all that are emitted at one and the same time.
-Issue in fact. In pleading. An issue taken upon or consisting of matter of fact, the fact only, and not the law, being disputed, and which is to be tried by a jury. 8 Bl. Comm. 314, 315; Co. Litt 126a; 3 Steph. Comm. 572. See Code Civ. Proc Cal. ft 590.-Issue in law. In pleading. An issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580. See Code Civ. Proc. Cal. ft 589.-Issue roll. In English practice. A roll upon which the issue in actions at law was formerly required to be entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, however, the practice to enter the issue at full length, if triable by the country, until after the trial, but only to make an incipitur on the roll. Id. 734.
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