amount of it has been ascertained—settled—by the agreement of the parties to oe or otherwise. Mitchell v. Addison, 20 Ga. 53.

Lat. A controversy or dispute; a suit or action at law. ° —Lis alibi pendens. A suit pending elsewhere. The fact that proceedings are pending between a plaintiff and defendant in one court in ‘respect to a given matter is frequently «

proend for preventing the plaintiff from takng proceedings in another court against the same defendant for the same object and ariaing out of the same cause of action. Sweet. — mota. <A controversy moved or begun. By this term is meant a dispute which has arisen upon a point or question which afterwards forms the issue upon which legal proceedin are instituted. Westfelt v. Adams, 131 N. OC. 379, S. E. . After such controversy has arisen, (post litem motam,) it is held, dec larations as to pedigree, made by members of the family since deceased, are not admissible.