matter in issue

matter in issue
In the usual sense, the question or questions of fact presented by the pleadings. Within the meaning of the rule that a judgment is only conclusive upon the matter which was directly in issue upon the former trial, the "matter in issue" is that matter upon which the plaintiff proceeds by his action, and which the defendant controverts by his pleadings. The declaration and other pleadings may show specifically what this is, or they may not. If they do not, the party may introduce other evidence to show what was in issue. But facts offered in evidence to establish the matters in issue are not themselves in issue within the meaning of the rule, although they may be controverted on the trial. King v Chase, 15 NH 9. See matter in controversy.

Ballentine's law dictionary. . 1998.

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  • matter in issue — see matter Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • matter in issue — 1. : fact in issue 2. : the ultimate fact or state of facts set forth in legal pleadings on which a verdict or finding is predicated as distinguished from the evidentiary facts offered to prove the ultimate fact or facts pleaded …   Useful english dictionary

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  • issue — is·sue 1 / i ˌshü, ˌsyü/ n 1 pl: proceeds from a source of revenue (as an estate) rents, issue s, and profits 2: one or more lineal descendants died without issue compare …   Law dictionary

  • matter — mat·ter n 1: a subject of consideration, disagreement, or litigation: as a: a legal case, dispute, or issue a matter within the court s jurisdiction often used in titles of legal proceedings matter of Doe see also in re b …   Law dictionary

  • matter — Substantial facts forming basis of claim or defense; facts material to issue; substance as distinguished from form; transaction, event, occurrence; subject matter of controversy. See issue material fact matter in issue subject matter @ matter in… …   Black's law dictionary

  • matter — Substantial facts forming basis of claim or defense; facts material to issue; substance as distinguished from form; transaction, event, occurrence; subject matter of controversy. See issue material fact matter in issue subject matter @ matter in… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • matter — Synonyms and related words: activities, activity, ado, affair, affairs, air, ambition, amount, amount to something, amplitude, annoyance, anxiety, argument, article, aspect, aspiration, atom, atomic particles, atoms, autograph, bag, basis, be… …   Moby Thesaurus

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