ISSUE. In Real Law. Descendants, All persons who have descended from a com mon ancestor. 3 Ves. Ch. 257; 17 id. 481; 19 id. 547 ; 1 Roper, Leg. 90.
In a will it may be held to have a more restricted meaning, to carry out the testator's intention. 7 Yes. Ch. 522; 19 id. 73 ; 1 Ro per, Leg. 90. See Bacon, Abr. Curtesy (D), Legatee.
In Pleading. A single, certain, and ma terial point, deduced by the pleadings of the parties, which is affirmed on the one side and denied on the other.
The entry of the pleadings. 1 Chitty, Plead. 630.
Several connected matters of fact may go to make up the point in issue.
An actual issue is one formed in an action brought in the regular manner, for the pur pose of trying a question of right between the parties.
A collateral issue is one framed upon some matter not directly in the line of the plead ings: as, for example, upon the identity of one who pleads diversity in bar of execution. 4 Blackstone, Comm. 396.
A common issue is that which is formed upon the plea of non est factum to an action of covenant broken.
This is so called because it denies the deed only, and not the breach, and does not put the whole declaration in issue, and because there is no gene ral issue to this form of action. 1 Chitty, Plead. 482; Lewes, Plead. 113; Gould, Plead. c. 6, pt. 1, 7-10.
An issue in fact is one in which the truth of some fact is affirmed and denied.
In general, it consists of a affirmative alle gation on one aide and a direct negative on the other. Coke, Litt. 126 a; Bacon, Abr. Pleas (G 1); 2 W. Blackst. 1312; 8 Term, 278; 5 Pet. 149. Bnt an affirmative allegation which completely excludes the truth of the preceding may be sufficient. 1 Wils. 6; 2 Strange, 1177. Thus, the general issue in a writ of right (called the mice) is formed by two affirmatives, the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant. 3 Blackstone, Comm. 195, 305. And in an action of dower the count merely demands the third part of [ acres of land, etc., as the dower of the demandant of the endowment of A B, heretofore the husband, etc. and the general issue
is that A B was, not seised etc., such estate, etc., and that he oould not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed. 2 Saund. 329.
A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some ques tion of fact.
Such issues are generally ordered by a court of equity, for which no jury is summoned, to ascertain the truth of some disputed fact. They are also fre quently used in courts of law, by the consent of the parties, to determine some disputed rights without the formality of pleading ; and by this practice much time and expense are saved in the decision of a cause. 3 Blackstone, Comm. 462. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action is brought, in which the plaintiff by a fiction declares that be laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A, then avers it is his will, and therefore demands the money ; the defendant admits the wager, but avers that it is not the will of A; and thereupon that issue is joined, which is directed out of chancery to be tried ; and thus the verdict of the jurors at law de termines the fact in the court of equity.
The name is a misnomer, inasmuch as the issue .itself is upon a real, material point.in qnestion be tween the parties, and the circumstances only are fictitious. It is a contempt of the court in which the action is brought to bring such an action, except under the direction of some court. 4 Term, 402.
A formal issue is one which is framed ac , cording. to the rules required by law, in an artificial and proper manner.
A general issue is one which denies in direct terms the whole declaration : as, for exam , ple, where the defendant pleads nil debet (that he owes the plaintiff nothing), or nul dissei sin (no disseisin committed). 3 Greenleaf, Ev. 9 ; 3 Blackstone, Comm. 305. See GENERAL