Join issue

[W]ith Rejoinders and Replies, / Long Bills, and Anſvvers, ſtuft vvith Lies, / Demurr, Imparlance, and Eſſoign, / The Parties ne'er could Iſſue join: / For Sixteen Years the Cauſe vvas ſpun, / And then ſtood vvhere it firſt begun.

In one sense, the Court’s decision to pass over this complication may be understandable. After all, none of the parties before us questioned the application of a discovery rule in proceedings below, but joined issue only over how it should work.