Blacks Law Dict. 1st ed

STATE OF FACTS, ETC.

1120 STATING PART OF A BILL

debtor who has presented a petition for liq uidation or composition must produce at the first meeting of creditors a statement of his affairs, giving a list of his creditors, secured and unsecured, with the value of the securi ties, a list of bills discounted, and a state* ment of his property. Sweet. STATEMENT OF CLAIM. A written or printed statement by the plaintiff in an action in the English high court, showing the facts on which he relies to support his claim against the defendant, and the relief which he claims. It is delivered to the de fendant or his solicitor. The delivery of the statement of claim is usually the next step after appearance, and is the commencement of the pleadings. Sweet. STATEMENT OF DEFENSE. In the practice of the English high court, where the defendant in an action does not demur to the whole of the plaintiff's claim, he delivers a pleading called a "statement of defense." The statement of defense deals with the alle gations contained in the statement of claim, (or the indorsement on the writ, if theieis no statement of claim,) admitting or denying them, and, if necessary, stating fresh facts in explanation or avoidance of those alleged by the plaintiff. Sweet. STATEMENT OF PARTICULARS. In English practice, when the plaintiff claims a debt or liquidated demand, but has not in dorsed the writ specially, (i. e., indorsed on it the particulars of his claim under Order iii. r. 6.) and the defendant fails to appear, the plaintiff may file a statement of the particu lars of his claim, and after eight days enter judgment for the amount, as if the writ had been specially indoised. Couit Rules, xiii. 5; Sweet. STATESMAN. A freeholder and farmer in Cumberland. Whaiton. STATIM. Lat. Foithwith; immediate ly. In old English law, this term meant ei ther "at once," or " within a legal time," i. e., such tune as permitted the legal and regular performance of the act in question. STATING AN ACCOUNT. Exhibit ing, or listing in their oider, the items which make up an account. STATING PART OF A BILL. That part of a bill in chancery in which the plain tiff states the facts of his case; it is distin guished from the charging part of the bil) and from the prayer.

on which the evidence was received, the ev idence being, in fact, brought by one party or the other, to prove his own or disprove his opponent's state of facts. And so now, a state of facts means the statement made by any one of his version of the facts. Brown. STATE OF FACTS AND PROPOS AL. In English lunacy piactice, when a person has been found a lunatic, the next step is to submit to the master a scheme called a "state of facts and proposal," show ing what is the position in life, property, and income of the lunatic, who are his next of kin and heir at law, who are proposed as his committees, and what annual sum is pro posed to be allowed for his maintenance, etc. From the state of facts and the evidence ad duced in support of it, the master frames his repoit. Elmer, Lun. 22; Pope, Lun. 79; Sweet. STATE OF THE CASE. A narrative of the facts upon which the plaintiff relies, substituted for a more formal declaration, in suits in the infeiior courts. The phrase is used in New Jersey. STATE TRIAL. A trial for a political offense. STATE TRIALS. A work in thirty three volumes octavo, containing all English trials for offenses against the state and oth ers pai taking in some degree of that charac ter, from the ninth year of Hen. II. to the first of Geo. IV. STATED. Settled; closed. An account stated means an account settled, and at an end. Pull. Acc'ts, 83. "In order to consti tute an account stated, there must be a statement of some certain amount of money being due, which must be made either to the party himself or to some agent of his." 5 Mees. & W. 667. STATED TERM. A regular or ordina ry term or session of a court for the dispatch of its general business, held at the time fixed by law or rule; as distinguished from a spe cial term, held out of the due order or for the transaction of particular business. STATEMENT. In a general sense, an allegation; a declaration of matters of fact. The term has come to be used of a variety of formal narratives of facts, required by law in various jurisdictions as the foundation of judicial or official proceedings. STATEMENT OF AFFAIRS. In En glish bankruptcy practice, a bankrupt or

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