Fact

Anything done, or said; an act or action; an actual occurrence; a circumstance; -whatever comes to pass; an event. See Factum. Subjects of jurisprudence are facts and laws: tacts are the source and cause of laws. From facts proceed rights and wrongs. By fact is meant anything the subject of testimony. Perception is a fact. If any emotion is felt, as joy, grief, anger, the feeling is a fact. If the operation of the mind is productive of an effect, as intention, knowledge, sidll, the possession of this effect is a fact. If any proposition be true, whatever is affirmed or denied in it is a fact.' "Fact" and "truth" are often used in common parlance as synonymous; as employed in pleadings they are widely different. A fact in pleading is a circumstance, act, event or incident; a truth is a legal principle which declares or governs the facts and their operative effect." An act, deed, circumstance, or event is none the less a fact because reached as a conclusion of law.^ See Circumstances, 1. After the fact; before the fact. See Accessary; Factum, Ex post, etc.

Collateral fact

A fact not directly connected with the matter under consideration.

Material fact

Such a fact as influences action in favor of or against a thing about to be done; such a fact as is essential to the right of action or defense.

Immaterial fact

A fact not important to a determination; not essential to a conclusion; not necessary to be alleged, nor to be proved if alleged. In fire insurance any fact is material, the knowledge or ignorance of which would naturally influence an insurer in making the contract, in estimating the degree and character of the risk, or in fixing the rate of insurance.* See Conceal, 5. Verbal fact. (1) A fact which, if stricken out, would have the effect produced by striking out the controlling member {verb) of a sentence, or the controlling sentence from its context. (2) A declaration accompanying a thing done, explanatory of it, unfolding its nature and quality; as, what is said about sickness or affection, where either is the subject of inquiry.

5 330; 22Ind. 471; 15 La. An. 456; 1 Pick. 476; 10 Mass. 155; 3 Gray, 361; 11 Meto. 71; 18 Me. 137; 68 N. H. 53; 9 Pa. 13; 98 id. 9; Story, Ag. § 440; Whart. Max. 165. ' Bam on Facts, Ch. I. = Drake u. Cockrof t, 4 E. D. Smith, 37(1855), Woodruff, J. See Lawrence v. Wright, S Duer, 674-75 (1853). s Levins v. Eovegno, 71 Cal. 277 (1886). » Boggs V. American Ins. Co., 30 Mo. 68 (1860); Clark V. Union Mut. Fire Ins. Co., 40 N. H. 338 (1860).

In fact. In reality; in a matter of fact. Opposed, in Uw: in a matter of law; empowered hy law; imputed in law: as, an attorney in fact, and an attorney at-law; error or fraud in fact and in law. See Attorney; Error, 2 (2); Fraud; Pais. " Fact " is contrasted with " law." Law is a principle, fact is an event; law is conceived, fact is actual; law is a rule of duty, fact is that which accords with or contravenes the rule. ^ Questions, issues, conclusions, and errors are of law or of fact, or of mixed law and fact. Facta, not evidence, are to be pleaded; and are proven by moral evidence. Questions of fact are said to be solved by the jiu-y, questions of law by the court. See Demurreii; Ignorance; Inquiry; Jury; Knowl-