Immaterial Issue
Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
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."
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
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 ten dollars according to the form of the condition, and the plaintiff, instead of demurring, 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 qction 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; Taunt 386; Cro. Jac, 686; 2 Wms. Saund. 319 6. A repleader will be ordered when an 1 Rolle, Abr. 86; Cro. Jac. 685. See Rb*
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In pleading. An issue taken on an immaterial point; that is, a point not proper to decide the action. Steph. Pi. 99, 130 ; 2 Tidd, Pr. 921.
Defined under Immaterial in Black's Law Dictionary.
A Dictionary of Law
Henry Campbell Black · 1891
In pleading. An issue taken on an immaterial point; that is, # point not proper ty decide the action. Steph. Pl. 99, 180; 2 Tidd, Pr. 921.