Issue

n. The ret of issuing, sending forth, emitting, or promulgating; the giving a thing its lirst inception; as the issue of an order or a writ, In pleading. Thedisputed point or question to which the parties in an action have narrowed their several alleyations, and upon which they are desirous of obtaining the decision of the proper tribunal. When the pla.ntiff and defendant have arrived at some specific point or matter affirmed on the one side, and denied on the other, they are said to be at issue. The question so set apart is called the “issue,” and is designated, according to its nature, as an “issue in fact” or an “issuein law.” Brown, Issues arise upon the pleadings, when a fact or conclusion of law is maintained by the one party and controverted by the other. They are of two kinds: (1) Of law; and (2) of fact. Code N. Y. § 248; Rey. Code Iowa 1880, § 2737; Code Civil Proc. Cal. § 588. Issues are classified and distinguished as follows: General and special. The former is raised by a plea which briefly and directly traverses the whole declaration, such as “not guilty” or “non assumpsit.” The latter is formed when the defendant chooses one single material point, which he traverses, and rests his whole case upon its determination. Material and immaterial. They are so described according as they do or do not bring up some material point or question which, when determined by the verdict, will dispose of the whole merits of the case, and leave no uncertainty as to the judgment. Formal and informal. The former species of issue is one framed in strict aceordance with the technical rules of pleading. The latter arises when the material allegations of the declaration are traversed, but in an inartificial or. untechnical mode, Real or feigned. <A real issue is one formed in a regular manver in a regular suit for the purpose of determining an actual controversy. A feigned issue is one made up by direction of the court, upon a supposed case, for the purpose of obtuining the verdict of a jury upon some question of faet collat-: erally involved in the cause, Common issue is the name given to the issue raised by the plea of non est factum to an action for breach of covenant. 8 Wes. 257; 17 Vos. 481; 19 Ves. 547; 1 Rop, Leg. 90.

In this sense, the word includes not only a child er children, but all other desceudauts in whatever degree; and itis so construed generally in deeds. But, when used in wills, it is, of course, subject to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather thau “the technical meaning of the language used by him; and hence issue may, in such a connection, be restricted to children, or to descendants living at the death of the testator, where such an intention clearly appears. Abbott, In business law. A class or series of bonds, debentures, etc., comprising all that are emitted at one and the same time.

kindred. This term is’ of very extensive import, in its most enlarged signification, and includes all persons who have descended from acomrmon ancestor. 17 Ves. 481; 19 Ves. 547; 3 Ves. 257; 1 Rop. Leg. 88; and see Wilmot’s Notes, 314, 321. But when this word i is used ina will, in order to give effect to the testator’s intention it will be construed in a more restricted sense than its legal import conveys. 7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90. Vide 2 Bac. Ab. 228; 8 Com. Dig. 473.