ISSUE (OF. issue, eissuc, cssuc, Fr. issue, from OK issir, cissir, to go out, from Lat. ezirc, to go out, from ex, out 4- ire, to go). In legal procedure, the stage of an action when, in the course of pleading. the parties come to a point which is affirmed by the one and denied by the other. The term is derived from exiles, and denotes that the pleadings have come to an end. The litigants are at issue. It is also used to designate the point or question thus raised by the pleadings. In this sense the issue may be one either of law or of fact. If the former, it is decided by the court without the intervention of a jury: if the latter, it is determined by a jury, or, in equity practice, by a judge. In some of the States of the Union issues of both kinds may by consent of parties be tried by a referee. An issue of fact arises when a material matter of fact is asserted by one party and denied by the other. An issue of law arises when one party, admitting for the purposes of the issue that the facts alleged by his adversary are true, denies that they are sufficient to constitute a cause of action or a defence.
When a court of law or equity is sitting without a jury, it somellines happens that a question of fact arises upon which the decision of a jury is disked. A fictitious suit is there upon framed, involving the point in question, and brought to trial before a jury summoned for the purpose. The verdict rendered, being returned to the court, is :tempted as a settlement of the issue of fact, and the trial of the cause out of which that issue grew thereupon proceeds. In some States a feigned issue in such eases is not required. the actual question as it arises being submitted to a jury by order of court. See GENERAL Issue; and consult the works referred to under PLEADING.