MATERIAL

Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. An allegation is said to be material when it forms a substantive part of the case presented by the pleading. Evidence offered in a cause, or a question propounded, is material when it is relevant and goes to the substantial matters in dispute, or has a legitimate and effective Influence or bearing on the decision of the case. Material allegation. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Lusk v. Perkins, 48 Ark. 247, 2 S. W. 847; Gillson v. Price, 18 Nev. 109, 1 Pac. 459. A material alteration in any written instrument is one which changes its tenor, or its legal meaning and effect; one which causes it to speak a language different in effect from that which it originallv spoke. White v. Harris. 69 S. C. 65, 48 S. E. 41, 104 Am. St. Rep. 791; Fox worthy v. Colby, 64 Neb. 216, 89 N. W. 800, 62 U R. A. 393; Organ v. Allison, 9 Baxt. (Tenn.) 462.Material fact. See Fact. Material man. A person who has furnished materials used in the construction or repair of a building, structure, or vessel. See Curlett v. Aaron, 6 Houst. (Del.) 478.