CONCLUSION TO THE COUNTRY, pleading. The tender of. an issue to be tried by
a jury is called the conclusion to the country.
2. This conclusion is in the following words, when the issue is tendered by the defendant: "And of this the said C D puts himself upon the country." When it is tendered by the plaintiff, the formula is as follows: "And this the said A B prays may be inquired of by the country." It held, however, that there is no material difference between these two modes of expression, and that, if ponit se, be substituted for petit quod inquiratur, or vice versa, the mistake is unimportant. 10 Mod. 166.
3. When there is an affirmative on one side, and a negative on the other, or vice versa, the conclusion should be to the country. T. Raym. 98; Carth. 87; 2 Saund. 189; 2 Burr. 1022. So it is, though the affirmative and negative be not in express words, but only tantamount thereto. Co. Litt. 126, a; Yelv. 137; 1 Saund. 103; 1 Chit. Pl. 592; Com. Dig. Pleader, E 32.