KFLCC Kingdom Law 2nd Ed.

ITA SEMPER FIAT RELATIO

ISSUE

658

called the "issue," and is designated, accord ing to its nature, as an "issue in fact" or an "issue in 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 Civ. Proc. Cal. § 588. Issues are classified and distinguished as follows: General and special. The former is a plea which traverses and denies, briefly and in general and summary terms, the whole declaration, indictment, or complaint, with out tendering new or special matter. See Steph. PI. 155. McAllister v. State, 94 Md. 290, 50 Atl. 1046; Standard Loan & Ace. Ins. Co. v. Thornton, 97 Tenn. 1, 40 S. W. 136. Examples of the general issue are "not guilty," "non assumpsit" "nil debet," "non est factum." 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 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. A collateral issue is an issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a demurrer. 2 Archb. Pr. K. B. 1, 6, bk. 2, pts. 1, 2; Strickland v. Maddox, 4 Ga. 394. The term "collateral" is also applied in England to an issue raised upon a plea of diversity of person, pleaded by a criminal who has been tried and con victed, in bar of execution, viz., that he is not the same person who was attainted, and the like. 4 Bl. Comm. 396. Real or feigned. A real issue is one form ed in a regular manner in a regular suit for the purpose of determining an actual con troversy. 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 persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In this sense, the word includes not only a child or children, but all other descendants in

whatever degree; and it is so construed gener ally in deeds. But, when used in wills, it is, of course, subjeet to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather than 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 in tention 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. —Issue in fact. In pleading. An issue taken upon or consisting of matter of fact, the fact only, and not the law, being disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572. See Code Civ. Proc. Cal. § 590.— Issue in law. In pleading. An issue upon matter of law, or consisting of matter of law, being produced by a demurrer on. the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580. See Code Civ. Proc. Cal. § 589.— Issue roll. In English practice. A roll upon which the issue in actions at law was formerly required to be entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, how ever, the practice to enter the issue at full length, if triable by the country, until after the trial, but only to make an incipitur on the roll. Id. 734. ISSUES. In English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called ''issues." 3 Bl. Comm. 280; 1 Chit. Crim. Law, 351. Lat So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary's register when the same are made by the successor in office of the notary who made the original entries. Lat So the law is written. Dig. 40, 9, 12. The law must be obeyed notwithstanding the apparent rigor of its application. 3 Bl. Comm. 430. We must be content with the law as it stands, without inquiring into its reasons. 1 Bl. Comm. 32. ITA EST. ITA LEX SCRIFTA EST. that. Ita quod habeas corpus, so that you have the body. 2 Mod. 180. The name of the stipulation in a submis sion to arbitration which begins with the words "so as [ita quod} the award be made of and upon the premises." In old conveyancing. So that. An ex pression which, when used in a deed, for merly made an estate upon condition. Litt. § 329. Sheppard enumerates it among the three words that are most proper to make an estate conditional. Shep. Touch. 121, 122. Ita semper fiat relatio ut valeat dis positio. 6 Coke, 76. Let the interpretation Formal words in writs. ITA QUOD. Lat. In old practice. So