Substance

That which is essential; it is used in opposition to form. It is a general rule that oil any issue it is sufficient to prove the substance of the issue. For example, in a case where the defendant pleaded payment of the principal sum and ail interest due, and it appeared in evidence that a gross sum was paid, not amounting to the full interest, but accepted by the plaintiff as full payment, the proof was held to be sufficient; 2 Stra. 699; 1 Phil. Ev. 161.

Essence; the material or essential tinguished from its form.

i 1. The sustaining element; the essential constituent; the real essence; the important part; the material thing. Opposed, form, q. v. See also Purport. Substantial. Not merely nominal, but considerable or fair in amount; as, substantial damages; opposed to formal or technical, as, a substantial right.^ Substantially. Really or essentially the sanae as: as, substantially naphtha. ^ Machines may differ somewhat in their structure, and yet be " substantially the same." If they are substantially alike in structure, and produce a similar effect, they are in principle the same. " Substantial " as here applied is not susceptible of specific definition.. A pleading may be substantially good, though technically informal; an instrument substantially described in a declaration or indictment may be given in evidence.* See Demurrer; Description, 3; Indictment; Same; Trade-mark. 3. In the sense of property, see Effects.

This noun, and the corresponding adjective and adverb, substantial and substantially, are in frequent use. Thus, there are rules which affects a substantial right; that a certificate of acknowledgment is valid if the statute is substantially complied with. These uses do not Involve a departure from the vernacular meaning of " substance; " viz., the es.sential or important part; the material thing; that in and for which a thing chiefly exists; that which constitutes a thing what it is; its nature; its real essence. What is meant by the substance, in a given connection, is matter of construction varying with the nature of the subjectmatter. The decisions involving these words will be found to turn, not upon any peculiar significance of substance as a law term, but on the question, what is of the substance of a given aifair or transaction.

eridence. That is that which takes place when the which is essential; it is used in person substituted is not to receive opposition to form. It is a general the, legacy until after the first Jegarule, that on any issue it is sufficient tee, and consequently must receive to prove the substance of the issue. the thing bequeathed from the hands For example, in a case where the of the latter; for example, I institute defendant pleaded payment of the Peter my heir, and I request that at principal sum and all interest due, his death he shall deliver my succesand it appeared in evidence that a sion to Paul. Merl. Répert. h. t.; ross sum was paid, not amounting 5 Toull. 14. 7 to the full interest, but accepted by SUBSTITUTION, in chancery the plaintiff as full payment, the practice, takes place ina case where. proof was held to be sufficient. 2 a creditor has a lien on two different Str. 690; 1 Phil. Ev. 161. parcels of land, and another creditor