feigned issue

If he refers any questions of fact to a jury, as he may do by a feigned issue, he is still to be satisfied in his own conscience that the finding is correct, and the decree must be made as the result of his own judgment, aided, it is true, by the finding of the jury.

In practice. An issue brought by consent of the parties, or by the direction of a court of equity, or of such courts as possess equitable powers, to determine before a jury some disputed matter of fact which the court has not the power or is unwilling to decide. 3 Bl. Comm. 452; Bouv. Inst. Index. FELAGUS (Lat.) One bound for another by oath; a sworn brother. Du Cange. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was murdered, the recompense due from the murderer went to the father or mother of the deceased; if he had none, to the lord; if he had none, to his felagus, or sworn brother. Cunningham; Cowell; Du Cange.

An issue brought by consent of the parties, or by the direction of some disputed matter of fact which the court has not the power or is unwilling to decide. A series of pleadings was arranged between the parties, as if an action had been commenced at common law upon a het involving the fact in dispute. 3 Bla. Com. 452. This is still the practice in most of the states retaining the distinction between the procedure in law and in equity. Under the reformed codes of some states issues may be framed in certain exceptional cases. In England, the practice has been disused since the passing of the stat 8 and 9 Viet. c. 109, s. 19, permitting any court to refer any question of fact to a jury in a direct form. The act 21 and 22 Viet. c. 27, provided for trial by jury in the court of chancery. FELAGUS (Lat). One bound for another by oath; a sworn brother. Du Cange. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was murdered, the recompense due from the murderer went to the father or mother of the deceased; if he had none, to the lord; if he had none, to his felagus, or sworn brother. Cunningham, Law Diet.; Cowell; Du Cange.

An issue made up by the direction of a court of equity, (or by consent of parties,) and sent to a common-law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is unwilling, to decide. It rests upon a suppositious wager between the parties. See 3 Bl. Comm. 452

Defined under Feigned in Black's Law Dictionary.

An issue produced in a pretended action between two parties, for the purpose of trying a single question of fact It was formerly frequently directed by a court of chancery, the issue being produced upon a declaration, and plea, — the plaintiff declaring, by a fiction, that he laid a wager of so much with the defendant, that a certain fact was so, and then averring that it is so, and therefore demanding the sum wagered; the defendant admitting the feigned wager, but denying that the fact is so.

An issue made up by the direction of a court of equity, (or by consent of parties,) and sent to a commonlaw court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is unwilling, to decide, It rests upon a supposititious wager between the parties. See3 Bl. Comm. 452.

An issue produced in a pretended purpose of trying a single question of fact. formerly frequently directed out of the Court rested on a fictitious wager. Feigned action

In practice. An issue produced in a pretended action between two parties, for the purpose of trying a single question of fact, which it becomes necessary to determine in the progress of a cause. It is frequently directed by a court of chancery, to determine the fact of adultery, of the validity of a will, &c., and sometimes, though rarely, by a court of law. The issue is produced upon a declaration and plea; the plaintiff declaring, by a fiction, that he laid a wager of so much with the defendant, that a certain fact was so, and then avers that it is so, and therefore demands the sum wagered; the defendant admitting the feigned wager, but denying that the fact is so. Issue is thereupon joined as to the fact, and brought to trial like any other issue of fact, and the verdict of the jury determines the question. 3 Bl. Com. 452. This has sometimes been defined a fictitious issue. The fiction however is not in the issue, which is real, as are the pleadings; but in the action which is supposed to be brought, and in the state of facts (the wager,) upon which it is founded, which in reality have no existence. By the English statute 8 & 9 Vict. c. 109, s. 19, any question of fact may now be referred to a jury, by any court either of law or equity, in a direct form, in lieu of a feigned issue. 4 Steph. Com. 26.

practice, is an issue brought by consent of the parties, or the direction of a court of equity, or such courts as possess equitable powers, to determine before a jury some disputed right, which the court had not the power totry. 3 BI: Com. 452. ° ©