Matter

1.

Whatever is perceptible by the senses; any material.

See Materia^ Material; Patent, 2. 2.

The subject of legal action, consideration, complaint or defense. The fact or facts constituting the whole or a part of a gi-ound of action or defense.^ 3. Some substantial or essential thing; opposed to form,? q. v.

Material matter

Anything essential to the understanding or determination of an issue or proceeding.

Immaterial matter

Anything not of importance to an adjudication. In a pleading, an " immaterial matter " is anything stated therein which, if established on the trial, would not entitle a party to, or aid him in obtaining, the relief demanded, or in sustaining the defense pleaded.*- Matter in controversy. See Controversy. Matter in deed.

See Deed, 1; Estoppel.

Matter in dispute. See Dispute. Matter in issue.

See Issue, 3.

Matter in mitigation. See Aggravation. Matter in pais.

See Pais; Deed, 1.

Matter of aggravation. See Aggravation. Matter of avoidance. See Confession. Matter of course.

See Course, 2.

Matter of fact. See Fact. Matter of form. See Form; Concensus, To Uit, etc. Matter of law. See Law; Fact. Matter of record. See Record; Estoppel. Matter of substance. See Form. New matter. In pleading, matter not previously alleged or pleaded in avoidance.* " New matter constituting a defense " is not pleaded by averments which simply deny the allegations of the complaint, but only when they constitute a statement of facts the proof of which avoids the legal conclusion otherwise to be drawn from the statement of facts in the complaint. It is in the nature of a plea of confession and avoidance.' Special matter. Facts of a particular nature which a defendant, under a plea of ' Nelson v. Johnson, 18 Ind. 332 (1863), Perkins, J. » Douglas V. Beasley, 40 Ala. 148 (1866). s Johns V. Pattee, 65 Iowa, 667 (1881), Seevers, J. * See 3 Bl. Com. 309, 313. the general issue, may give in evidence in his defense. The character of the matter is indicated in a notice served upon the plaintiff.

Sutajeet-matter. See Subject, 2 (1). MATURE; MATURITY.^ 1.

In a will, may import maturity of mind and character, the combined result of age and education.

2 3.

Applied to bonds or similar instruments, and to negotiable instruments generally, refer to the time fixed for payment, — the termination" of the period they have to run.^ Opposed to immature, immaturity. See Dub; Negotiate, 3. " At maturity " includes the whole day, unless expressly limited to a certain hour.* When a promissory note payable on a certain day bears interest "after maturity," interest should be computed from the day fixed for payment, not from the last day of grace.*