Immaterial Issue

In pleading. An issue taken upon some collateral matter, the decision of which will not settle the question in dispute between the parties in action.

— For example, if in an action of debt on bond, conditioned for the payment of ten dollars and fifty cents at a certain day, the defendant pleads the payment of murring, tenders issue upon the payment, it is manifest that, whether this issue be found for the plaintiff or the defendant, it will remain equally uncertain whether the plaintiff is entitled to maintain his action, or not;

— for in an action for the penalty of a bond, conditioned to pay a certain sum, the only material question is whether the exact sum were paid or not, and the question of payment of a part is a question quite beside the legal merits.

Hob. 113; 5 Taunt. 386; Cro. Jac. 585; 2 Wm. Saund. 319b.

A repleader will be ordered when an immaterial issue is reached, either before or after verdict.

2 Wm. Saund. 319b, note; 1 Rolle, Abr. 86; Cro. Jac. 585.

See "Repleader."

See Repleader.