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Pleas by Way of Traverse


PLEAS BY WAY OF TRAVERSE. A traverse at once brings the cause to an issue, and so concludes with the offer of a mode of proving the denial. This is called "tendering issue," and the issue so tendered is called an "issue in fact." A demurrer, as we have already seen, always brings an issue, but it is one of law and not of fact, and the law issues are referred to the court for its decision, there being no choice of modes of determining it, so that the tender of issue in a demurrer is perfectly formal, being made as a matter of course and accepted as a matter of course. The formula of the defendant's acceptance is called a "joinder in demurrer." But to the tender of an issue of fact, the plaintiff may demur, either to the sufficiency of the facts alleged, or to the manner of alleging them, or to the mode of trial proposed. If he does accept the issue of fact, an acceptance is ex pressed by a formula called a "joinder in issue," or a similiter (likewise), because the tender of issue ran, "and of this the said C. D. puts himself upon the coun try, etc.," and the joinder by the other party was, "and the said A. B. does likewise."