An issue of fact arises:
1. Upon a material allegation in the complaint controverted by the answer; and,
2. Upon new matters in the answer, except an issue of law is joined thereon.
(Enacted 1872.)
Code Civ. Proc. § 590, under Issues—The Mode of Trial and Postponements.
Code Civ. Proc. § 590
An issue of fact arises:
1. Upon a material allegation in the complaint controverted by the answer; and,
2. Upon new matters in the answer, except an issue of law is joined thereon.
(Enacted 1872.)