“[I]t is the object of all pleadings to bring the parties, in the course of their mutual altercations, to an issue that is a single entire point, affirmed on the one side and denied on the other; and it is to effect this object that the above rule was established. There can be no arrival at this point until one or the other of the parties, by the conclusion of his pleading, offers an issue for the acceptance of his opponent, and this offer is called the ‘tender of issue.’ ” Benjamin J. Shipman, Handbook of Common-Law Pleading § 254, at 446 (Henry Winthrop Ballantine ed., 3d ed. 1923).
tender of issue
tender of issue. Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial. [Cases: Pleading 100, 112. C.J.S. Pleading §§ 183, 764, 769.]
