Feigned Issue

Feigned issue, a proceeding whereby an action was supposed to be brought by consent of the parties to determine some disputed right without the formality of pleading, saving thereby both time and expense. It might be ordered either by a Court of Law of Equity, or by a judge under the repealed Interpleader Act (1 & 2 Wm. 4, c. 58). Before the Gaming Act, 1845 (8 & 9 Vict. c. 109), s. 19, questions of fact were often tried by means of a pretended wager between the parties interested. But by the last-named Act, in every case, where any Court of Law or Equity desired to have any question of fact decided by a jury, the Court might direct a writ of summons to be sued out by such person as it thought ought to be plaintiff, against such person as it thought ought to be defendant, and thereupon proceedings went on as upon a feigned issue. Compare R.S.C. 1883, Ord. XXXIV., R. 9.

A proceeding in which the parties, by consent, have an issue tried by jury without actually bringing formal action, Black's Law Dictionary, 7th Edn., p. 632.