issue


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Issue

To promulgate or send out. In a lawsuit, a disputed point of law or Question of Fact, set forth in the pleadings, that is alleged by one party and denied by the other.

In the law governing the transfer or distribution of property, a child, children, and all individuals who descend from a common ancestor or descendents of any degree.

As applied to notes or bonds of a series, date of issue means the day fixed as the start of the period for which they run, with no reference to a specific date when the bonds or notes are to be sold and delivered. With regard to bonds only, bonds are issued to the purchaser when they are delivered.

When an issue of fact arises, the court or jury must consider and evaluate the weight of the evidence in order to reach a decision. An issue of law exists thereby providing a ground for a Summary Judgment sought by a party to the action when only one conclusion can be drawn by the court from the undisputed evidence, obviating the need for deliberation by a jury.

The term issue is frequently found in provisions of a deed. In testamentary matters, the meaning of issue is derived from the intent of the testator, a maker of a will. The intent is determined from the provisions of the will.

issue

1) n. a person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline. Occasionally, there is a problem in determining whether a writer of a will or deed meant issue to include descendants beyond his or her immediate children. While a child or children are alive, issue refers only to them, but if they are deceased then it will apply to the next generation unless there is language in the document which shows it specifically does not apply to them. 2) n. any matter of dispute in a legal controversy or lawsuit, very commonly used in such phrases as "the legal issues are," "the factual issues are," "this is an issue which the judge must decide," or "please, counsel, let us know what issues you have agreed upon." 3) v. to send out, promulgate, publish or make the original distribution, such as a corporation selling and distributing shares of stock to its initial investors. 4) n. the shares of stock or bonds of a corporation which have been sold and distributed. (See: corporation, incorporation)

issue

(Matter in dispute), noun causa, cause, debatable point, disputed point of law, disputed question, fact put in controversy by the pleadings, field of inquiry, item on the agenda, material point, material point deduced by the pleadings, matter, matter in hand, matter in question, matter of contention, point, point in question, problem, question, question at issue, res, subject for inquiry, topic under consideration
Associated concepts: bond issue, collateral issue, fundamennal issue, genuine issue, immaterial issue, joining of issue, justiciable issue, labor issue, material issue, moot issue, note of issue, triable issue
Foreign phrases: Placita negativa duo exitum non faciunt.Two negative pleas do not make an issue.

issue

(Progeny), noun child, children, descendants, family, heirs, liberi, lineage, lineal descendants, offspring, progenies, stirps
Associated concepts: adopted children, die without issue, failure of issue, last issue, legitimate issue
Foreign phrases: Si quis praegnantem uxorem reliquit, non videtur sine liberis decessisse.If a man dies, leavvng his wife pregnant, he is considered as having died childless.

issue

(Publish), verb air, an noun ce, assert formally, bring into the open, broadcast, call public attention to, circulate, communicate, declare, disclose, dispense, disperse, distribute, divulge, edere, enunciate, expose, give out, give public notice of, inform, lay before the public, make a public announcement, make known, notify, notify publicly, offer to the public, post, print, proclaim, promulgate, pronuntiare, proponere, propound, publicize, put forth, put forward, put into circulation, put out, release, send out, set forth, spread, state, utter with conviction
Associated concepts: issue a decision of the court, issue a judgment, issue an order

issue

(Send forth), verb break forth, burst forth, come forward, come onto the horizon, come out, come out in the open, egredi, egress, emanate, emerge, erumpere, exire, exit, exude, flow, flow out, make its appearance, manifest itself, pour forth, pour out, put in an appearance, spring up, stream, surface, surge, transmit
Associated concepts: issue stock
See also: accrue, administer, argument, arise, bestow, blood, cause of action, cessation, child, children, circulate, confer, contention, denouement, derivation, descendant, dispense, disperse, disseminate, distribute, divide, dole, effect, emanate, emerge, emit, ensue, evolve, exude, family, give, household, impart, inform, issuance, item, matter, mete, offshoot, offspring, originate, outcome, outflow, outgrowth, output, point, post, posterity, proceed, product, progeny, promulgate, propagate, publication, publish, result, send, serial, serve, signify, spread, stem, subject, succession, supervene, tender, termination, thesis, transmit, utter

issue

1 descendants.
2 the matter remaining in dispute between the parties to an action after the pleadings.
3 in Scots practice, a question for a jury in a civil case.
4 the yield from or profits arising out of land or other property.

ISSUE, kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common 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 is used in a 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 Bac. Ab. Curtesy of England, D; 8 Com. Dig. 473; and article Legatee, II. Sec. 4.

ISSUE, pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings. 1 Chit. Pl. 630.
     2. Issues are material when properly formed on some material point, which will decide the question in dispute between the parties; and immaterial, when formed on some immaterial fact, which though found by the verdict will not determine the merits of the cause, and would leave the court at a loss how to give judgment. 2 Saund. 319, n. 6.
     3. Issues are also divided into issues in law and issues in fact. 1. An issue in law admits all the facts and rests simply upon a question of, law. It is said to consist of a single point, but by this it must be understood that such issue involves, necessarily, only a single rule or principle of law, or that it brings into question the legal sufficiency of a single fact only. It is meant that such an issue reduces the whole controversy to the single question, whether the facts confessed by the issue are sufficient in law to maintain the action or defence of the party who alleged them. 2. An issue in fact, is one in which the parties disagree as to their existence, one affirming they exist, and the other denying it. By the common law, every issue in fact, subject to some exceptions, which are noticed below, must consist of a direct affirmative allegation on the one side, and of a direct negative on the other. Co. Litt. 126, a; Bac. Ab. Pleas, &c. G 1; 5 Pet. 149; 2 Black. R. 1312; 8 T. R. 278. But it has been holden that when the defendant pleaded that he was born in France, and the plaintiff replied that he was born in England, it was sufficient to form a good issue. 1 Wils. 6; 2 Str. 1177. In this case, it will be observed, there were two affirmatives, and the ground upon which the issue was holden to be good is that the second affirmative is so contrary to the first, that the first cannot in any degree be true. The exceptions above mentioned to the rule that a direct affirmative and a direct negative are required, are the following: 1st. The general issue upon a writ of right is formed by two affirmatives: the demandant, on one side, avers that he has greater right than the tenant; and, on the other, that the tenant has a greater right than the demandant. This issue is called the mise. (q. v.) Lawes, Pl. 232; 3 Chit. Pl. 652: 3 Bl. Com. 195, 305. 2d. In an action of dower, the court merely demands the third part of acres of land, &c., as the dower of the demandant of the endowment of A B, heretofore the husband, &c., and the general issue is, that A B was not seised of such estate, &c., and that he could not endow the demandant thereof, &c. 2 Saund. 329, 330. This mode of negation, instead of being direct, is merely argumentative, and argumentativeness is not generally allowed in pleading.
     4. Issues in fact are divided into general issues, special issues, and common issues.
     5. The general issue denies in direct terms the whole declaration; as in personal actions, where the defendant pleads nil debet, that he owes the plaintiff nothing; or non culpabilis, that he is not guilty of the facts alleged in the declaration; or in real actions, where the defendant pleads nul tort, no wrong done or nul disseisin, no disseisin committed. These pleas, and the like, are called general issues, because, by importing an absolute and general denial of all the matters alleged in the declaration, they at once put them all in issue.
     6. Formerly the general issue was seldom pleaded, except where the defendant meant wholly to deny the charge alleged against him for when he meant to avoid and justify the charge, it was usual for him to set forth the particular ground of his defence as, a special plea, which appears to have been necessary' to apprize the court and the plaintiff of the particular nature and circumstances of the defendant's case, and was originally intended to keep the law and the fact distinct. And even now it is an invariable rule, that every defence which cannot be, specially pleaded, may be given in evidence at the trial upon the general issue, so the defendant is in many cases obliged to plead the particular circumstances of his defence specially, and cannot give them in evidence on that general plea. But the science of special pleading having been frequently perverted to the purposes of chicane and delay, the courts have in some instances, and the legislature in others, permitted the general issue to be pleaded, and special matter to be given in evidence under it at the trial, which at once includes the facts, the equity, and the law of the case. 3 Bl. Com. 305, 6; 3 Green. Ev. Sec. 9.
     7. The special issue is when the defendant takes issue upon only one substantial part of the declaration, and rests the weight of his case upon it; he is then said to take a special issue, in contradistinction to tho general issue, which denies and puts in issue the whole of the declaration. Com. Dig. Pleader, R 1, 2.
     8. Common issue is the name given to that which is formed on the single plea of non est factum, when pleaded to an action of covenant broken. This is so called, because to an action of covenant broken there can properly be no general issue, since the plea of non est fadum, which denies the deed only, and not the breach, does not put the whole declaration in issue. 1 Chit. Pl. 482; Lawes on Pl. 113; Gould, Pl. c. 6, part 1, Sec. 7 and Sec. 10, 2.
     9. Issues are formal and informal.
    10. A formal issue is one which is formed according to the rules required by law, in a proper and artificial manner.
    11. An informal issue is one which arises when a material allegation is traversed in an improper or artificial manner. Ab. Pleas, &c., G 2, N 5; 2 Saund. 319, a, n. 6. The defect is cured by verdict., by the statute of 32 H. VIII. c. 30.
    12. Issues are also divided into actual and feigned issues.
    13. An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties.
    14. A feigned issue is one directed by a court, generally by a court exercising equitable powers, for the purpose of trying before a jury a matter in dispute between the parties. When in a court of equity any matter of fact is strongly contested, the court usually directs the matter to be tried by a jury, especially such important facts as the validity of a will, or whether A is the heir at law of B.
    15. But as no jury is summoned to attend this court, the fact is usually directed to be tried in a court of law upon a feigned issue. For this purpose an action is brought in which the plaintiff by a fiction dares that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A; then avers it is his will, and therefore demands the money; the defendant admits the wager but avers that, it is not the will of A, and thereupon that. issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the court of equity.
    16. These feigned issues are frequently used in the courts of law, by consent of the parties, to determine some disputed rights without the formality of pleading, and by this practice much time and expense are saved in the decision of a cause. 3 Bl. Com. 452. The consent of the court must also be previously obtained; for the trial of a feigned issue without such consent is a contempt, which will authorize the court to order the proceeding to be stayed, and punish the parties engaged. 4 T. R. 402. See Fictitious action. See, generally Bouv. Inst. Index, h. t.

References in classic literature ?
When the matron HOUYHNHNMS have produced one of each sex, they no longer accompany with their consorts, except they lose one of their issue by some casualty, which very seldom happens; but in such a case they meet again; or when the like accident befalls a person whose wife is past bearing, some other couple bestow on him one of their own colts, and then go together again until the mother is pregnant.
From the lowest part of my balloon, which is hermetically closed, issue two tubes a little distance apart.
It is from the top of this cone that the second pipe issues, and it runs, as I have said, into the upper beds of the balloon.
A vacuum is created below, and it attracts the gas in the lower parts; this becomes heated in its turn, and is continually replaced; thus, an extremely rapid current of gas is established in the pipes and in the spiral, which issues from the balloon and then returns to it, and is heated over again, incessantly.
But though I was no less convinced than Stroeve that the connection between Strickland and Blanche would end disastrously, I did not expect the issue to take the tragic form it did.
We shall gain this - nobody knows that grotto, or rather its issue, except ourselves and two or three hunters of the island; we shall gain this - that if the island is occupied, the scouts, seeing no bark upon the shore, will never imagine we can escape, and will cease to watch.
The police, including the reserves, stood in little forlorn groups, waiting for the command the governor was too wise to issue.
As soon as the serjeant was departed, Jones rose from his bed, and dressed himself entirely, putting on even his coat, which, as its colour was white, showed very visibly the streams of blood which had flowed down it; and now, having grasped his new-purchased sword in his hand, he was going to issue forth, when the thought of what he was about to undertake laid suddenly hold of him, and he began to reflect that in a few minutes he might possibly deprive a human being of life, or might lose his own.
Paul is actually at this moment a member of the lower branch of the legislature of the State where he has long resided; and he is even notorious for making speeches that have a tendency to put that deliberative body in good humour, and which, as they are based on great practical knowledge suited to the condition of the country, possess a merit that is much wanted in many more subtle and fine-spun theories, that are daily heard in similar assemblies, to issue from the lips of certain instinctive politicians.
He neither spoke himself, nor seemed willing to invite discourse in his visiters; it was therefore necessary for Middleton to adopt the patient manners of his companions, and to await the issue for the explanation.
If a man issues more than he can redeem, the government pays his creditors in full and the debtor works out the amount upon the farms or in mines, which are all owned by the government.
Moreover, it is upon such situations that the issues of good or bad fortune will depend.