MATTER

Facts; substance e.s distinguished from form; the merits of a case. -Matter in controversy, or in dispute. The subject of litigation; the matter for which a suit is brought and upon which i ue is joined. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 557. -Matter in deed. Such matter as may be proved or established by a deed or specialty. Matter of fact, in contradistinction to mattlc!r of law. Co. ·Litt. 320; Steph. Pl. 197.-Matter in i ue. That upon which the plaintiff proceeds in his action, and which the defendant controverts by his pleadings, not including facts offered in evidence to establish the matters in i ue. King v. Cbase, 15 N. H. 9, 41 Am. Dec. 675. ·That ultimate fact or state of facts in dispute upon which the verdict or finding is pl'edicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm. I 614, and cases cited.--Matter in pais. Matter of fact that is not in writing; thus distinguished from matter in deed and matter of record; matter that must be proved by parol evidence.-Matter of course. Anything done or taken in the course of routine or usual procedure, which is permi ible and valid without being specially applied for and allowed.-Matter of fact. That which is to be ascertained by the senses, or by the testimony of witne es describing what they have perceived. Distinguished from matter of law.-Matter of form. See FORM.-Matter of law. Whatever is to be ascertained or decided by the application of statutory rules or the principles and determinations of the law, as distinguished from the investigation of particular facts, is called "matter of Jaw."-Matter of record. Any judicial matter or proceeding entered on the records of a court, and to be proved by the production of such retord. It differs from matter in deed, which consists of facts which may be proved by specialty.- Matter of substance. That which goes to the merits. The opposite of matter of form. -Matters of subsistence for man. This phrase comprehends all articles or tbings, wheth• er animal or vegetable, living or dead, which are used for food, and whether they are consumed in the form in which they are bought from the producer or are only consumed after undergoing a proce of preparation, which is greater or le , according to the character of the article. Sledd v. 'Com., 19 Grat. (Va.) 813. Matter:In ley ne serra mise in boutche del jurors. Je'nk. Cent. 180. Matter of law shall not be put into the mouth of the jurors. Maturiora sunt vota mulierum. quam virorum. 6 Goke, 71. The desires of women a.re more mature than those of men;,. e., wo~en arrive.at maturity earlier than men. MATU: [s. 772]