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General issue

Defined in 5 dictionaries — Ballentine's (1916), Bouvier (1914), Black's (1891), Burrill (1850), Bouvier (1839)

Ballentine's Law Dictionary

James A. Ballentine · 1916

A plea or answer the effect of which is to traverse or deny all the material allegations of the declaration or complaint. See 94 Md. 290, 50 Atl. 1046.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

in Pleading. A plea which denies or traverses at once the whole Indictment or declaration, without offering any special matter to evade it It is called the general issue because, by importing an absolute and general denial of what is alleged in the Indictment or declaration, it amounts at once to an issue. 2 Bla. Com. 306. In the early manner of pleading, the general issue was seldom used except where the party meant wholly to deny the charges alleged against him. When he intended to excuse or palliate the charge, a special plea was used to set forth the particular facts. See 2 Poll. & Maitl. 617. But now, since special pleading is generally abolished, the same result is secured by requiring the defendant to file notice of special matters of defence which he intends to set up at the trial, or obliging him to use a form of answer adapted to the plaintiff’s declaration, the method varying in different systems of pleading. Under the English Judicature Acts, the general issue is no longer admissible in ordinary civil actions, except where expressly sanctioned by statute. In criminal cases the general issue Is, not guilty. In civil cases the general Issues are almost as various as the forms of action: in assumpsit, the general issue Is non assumpsit; In debt, nil debet; in detinue, non detinet; In trespass, non culpabilis (not guilty); in replevin, non cepit, etc. Steph. PI. 232.

A Dictionary of Law

Henry Campbell Black · 1891

In pleading. A plea which traverses and denies, briefly and in general and summary terms, the whole declaration, indiebinent, or complaint, without tendering new or special matter. See Steph. Pl. 155. Examples of the general issueare “not guilty,” “non assumpsit,” “nil debet,” “gon est factume”

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

In pleading. A short general plea, in actions at law, denying the allegations contained ia the plaintiff's declaration in summary terms, and concluding with a tender of issue.* Steph, PL 156. 3 Steph, Com, 676. 1 ChitL PL 472. It is called the general issue, according to Mr. Stephen, because the issue that it tenders, involving the whole declaration, or the principal part of it, is of a more general and comprehensive kind than that usually tendered by a common traverse. Steph, PL ub, sup. See Issue, Traverse,

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

pleading, is a plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. 3 Bl. Com. 305. The general issue in criminal cases, is, not guilty. In civil cases, the general issues are almost as various as the forms of action; in assumpsit, the general issue is non-assumpsit; in debt, nil debet.; in detinue, non detinet; in trespass, non cul. or not guilty, &c.