Matter

Facts; substance as distinguished from form; the merits of a case.

— Matter in controversy, or in dispute. The subject of litigation; the matter for which a suit is brought and upon which issue is joined. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 557.

— Matter in deed. Such matter as may be proved or established by a deed or specialty. Matter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. PI. 197.

— Matter in issne. That upon which the plaintiff proceeds in his action, Und which the defendant controverts by his pleadings, not including facis offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec. 675. Tbat ultimate fact or state of facts in dispute upon which the verdict or finding is predicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm. § 6l4, and cases cited.

— Matter in pais. Matter of fact that is not in writing; thus distinguished from matter in deed and matter of reconi ; matter that must be proved by parol evidence.

— Matter of eonrse. Anything done or taken in the course of routine or usual procedure, which is permissible and valid without being specially applied for and allowed.

— Matter of fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. Distinguished from matter of law.

— Matter of form. See Form.

— Matter of law. Whatever is to be ascertained or decided by the application of statutory rules or the principles and determinations or the law, as distinguished from the investigation of particular facts, is calied "matter of law."

— Matter of record. Any judicial maiter or proceeding entered on the records of a court, and to be proved by the production of such reconi. It differs from matter in deed, which consists of facis which may be proved by specialty.

— Matter of substance. That which goes to the merits. The opposite of matter of form.

— Matters of subsistence for man. This phrase comprehends ali articles or things, whether animal or vegetable, living or dead, which are used fur food, and whether they are consumed in the form in which they are bought from the producer or are only consumed after undergoing a process of preparation, which is greater or less, according to the character of the article. Sledd v. Com., 19 Grat. (Vat) 813.