Blacks Law Dict. 1st ed

IRRITANT

ISSUE

645

cess issues from a court. To put into circu lation; as, the treasury issues notes. ISSUE, n. The net of issuing, sending forth, emitting, or promulgating; the giving a thing its first inception; as the issue of an order or a writ. In pleading. The disputed point or ques tion to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the de cision 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, accord ing 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; Rev. 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 ma terial 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 spe cies of issue is one framed in strict accord ance with the technical rules of pleading. The latter arises when the material allega tions of the declaration are traversed, but in an inartificial or untechnical mode. Real or feigned. A real issue is one formed in a regular manner in a regular suit for the purpose of determining an actual con troveisy. A feigned issue is one made up by direction of the court, upon a supposed case, for the purpose of obtaining the verdict of a jury upon some question of fact collat erally involved in the cause. Common issue is the name given to the is* sue raised by the plea of non est factum to an action for breach of covenant. In real law. Descendants. All pei sons who have descended from a common ancestor

a charter, contract, or other deed, to which a clause irritant is annexed, becomes void. IRRITANT. In Scotch law. Avoiding or making void; as an irritant clause. See IRKITANCY. IRRITANT CLAUSE. In Scotch law. A provision by which certain prohibited acts specified in a deed are, if committed, declared to be null and void. A resolutive clause dis solves and puts an end to the right of a pro prietor on his committing the acts so declared void. IRROGARE. In the civil law. To im pose or set upon, as a fine. Calvin. To in flict, as a punishment. To make or ordain, as a law. IRROTULATIO. An enrolling; a rec ord. IS QTJI COGNOSCIT. Lat. The cog nizor in a fine. Is cui cognosoitur, the cog nizee. ISH. In Scotch law. The period of the termination of a tack or lease. 1 Bligh, 522. ISLAND. A piece of land surrounded by water. ISSINT. A law French term, meaning "thus," "so," giving its name to paitof a plea in debt. ISSUABLE. In practice. Leading to or producing an issue; relating to an issue or issues. ISSUABLE FLEA. A plea to the mer its ; a traversable plea. A plea such that the adverse party can join issue upon it and go to trial. It is true a plea in abatement is a plea, and, if it be properly pleaded, issues may be found on it. In the ordinary meaning of the word "plea," and of the word "issuable," such pleas may be called " issuable pleas," but, when these two words are used together, "issuable plea," or "issuable de fense, " they have a technical meaning, to-wit, pleas to the merits. 44 Ga. 434. ISSUABLE TERMS. In the former practice of the English courts, Hilary term and Trinity term were called "issuable terms," because the issues to be tried at the assizes were made up at those terms. 3 Bl. Comm. 353. But the distinction is superseded by the provisions of the judicature acts of 1873 and 1875. ISSUE, v. To send forth; to emit; to promulgate; as, an officer issues orders, pro

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