ISSUE, in law, is the fourth part or stage of an action, (see SUIT, WRIT, PROCESS, and PLEADINGS); wherein the parties join, and put their cause to the trial of the jury.
Issues are of two kinds; that upon matter of fact,
and that upon matter of law. An issue in fact is when the plaintiff and defendant have agreed upon a point to be tried by a jury; an issue in law is when there is a demurrer to a declaration, plea, &c. and a joinder in demurrer, which is an issue at law to be determined by the judges.
Issues in fact are either general or special.
Issue general, seems to be that whereby it is referred to the jury to bring in their verdict, whether or no the defendant hath done any thing as the plaintiff lays to his charge. For example, if it be an offence against any statute, and the defendant plead not guilty; this being put to the jury, is called the general issue. So if a man complains of a private wrong, which the defendant denies, and pleads no wrong, nor disseisin, and this be referred to the jury; it is likewise the general issue.
Issue special, is that, wherein special matters being alleged by the defendant in his defence, both parties join in this point, and so go to a demurrer, if it be quæstio facti; as in assault and battery, where the defendant pleads that the plaintiff struck first.