Special Matter

Matter of special defense admitted under the genera,l issue by a relaxation of the common-law rules of pleading. 3 Bl. Comm. 306. See "Special Plea."

Under a plea of the general issue, a defendant may, instead of pleading specially, give the plaintiff notice, that on the trial he will give some special matter, of such and such a nature, in evidence. Such notice is not required In an action on a sealed instrument where consideration need not be averred in the declaration, except when a failure of consideration is set up as an equitable defence. Notice of special matter is required by R. S. § 4920 in actions at law on letters patent, in some cases. It must be given thirty days “before trial,” which is said to be before the opening of the term. See 3 Rob. Pat § 1019. But the latter statement is certainly not the usual practice. See Plea; Pleading.

Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff of the nafure of such'matter, thus sparing him the necessity of pleading it specially. 3 Bl. Comm. 306.

Defined under Special in Black's Law Dictionary.