matter of substance

matter of substance
A matter going to the existence of a cause of action or defense as distinguished from a matter of formal pleading or procedure. Meath v Board of Mississippi Levee Comrs. 109 US 268, 277 L Ed 930, 3 S Ct 284. If the right of the party pleading sufficiently appears to the court, the pleading, if defective at all, is defective in a matter of form. If such right does not sufficiently appear to the court from the pleading, the pleading is defective in a matter of substance. Lake Shore & Michigan Southern Railway Co. v Kurtz, 10 Ind App 60, 37 NE 303.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • matter of substance — see matter Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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  • matter of substance — That which goes to the merits. The opposite of matter of form …   Black's law dictionary

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  • matter — I. noun Etymology: Middle English matere, from Anglo French, from Latin materia matter, physical substance, from mater Date: 13th century 1. a. a subject under consideration b. a subject of disagreement or litigation c. plural the events or… …   New Collegiate Dictionary

  • matter — I n. affair 1) to pursue, take up a matter 2) to arrange; clear up, settle, straighten out; complicate; simplify matters 3) to give a matter (attention, thought) (we have given this matter considerable thought) 4) to not mince matters (she never… …   Combinatory dictionary

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