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Rule Ii upon a Traverse Issue Must Be Tendered


RULE II UPON A TRAVERSE ISSUE MUST BE TENDERED. The second gen eral rule of pleading is that upon a traverse, issue must be tendered. The traverse involves a contradiction or denial of the preceding pleading, hence an issue in fact has been reached, and the rule expresses the sensible requirement that the method of deciding the issue be now adjusted.

The formulae of tendering the issue in fact, vary according to the mode of trial proposed. Thus, the tender of an issue to be tried by jury is by a formula called the conclusion to the country. In this the de fendant "puts himself upon the country" ; the plaintiff prays that the issue "may be inquired of by the coun try." There is, however, no substantial difference be tween these two modes of expression, and no substan tial objection can be taken if they are interchar.ged.

Where new matter is introduced, the pleading should always conclude with a verification.