Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds:
1. Of law; and,
2. Of fact.
(Enacted 1872.)
Section 588
Code Civ. Proc. § 588, under Issues—The Mode of Trial and Postponements.
Code Civ. Proc. § 588