This term, because used in the constitution associated with usa, embraces statements or contentions of litigants brought prior to the judge for adjudication by regular procedures set up for the protect tion or enforcement of rights, or perhaps the avoidance, redress, or discipline of wrongs; and whenever the claim or contention of a party takes these types of a form that the judicial power can perform acting upon it, it offers become an incident or debate. Interstate Commerce Com'n v. Brim- boy, 154 U. S. 447, 14 Sup. Ct. 1125, 38 L. Ed. 1047; Smith v. Adams, 130 U. S. 107. 9 Sup. Ct. 500, 32 L. Ed. S95; In re Railway Com'n (C. C.) 32 Fed. 255. But these two terms can be distinguished; for there could be a "separable controversy" within a "situation," which may be removed from a us state court to a federal courtroom, although the case in general just isn't detachable. Snow v. Smith (C. C.) 88 Fed. 05S. 2. A statement of facts taking part in a transaction or number of deals, drafted in writing in a technical type, for submitting to a court or judge for choice or viewpoint. Under this concept of the definition of are included a "instance made" for a motion for new trial, a "situation set aside" in the test of a reason, an "agreed instance" for decision without trial, etc.