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MISC BUSHWAH

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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

CASE, STATED

An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned.

The facts being thus ascertained, it is left for the court to decide for which party is the law. As no writ of error lies on a judgment rendered on a case stated, it is usual in the agreement to insert a clause that the case stated shall be considered in the nature of special verdict.

In that case, a writ of error lies on the judgment which may be rendered upon it. And a writ of error will also lie on a judgment on a case stated when the parties have agreed to it.

In another sense, by a case stated is understood a statement of all the facts of a case, together with the names of the witnesses, and a detail of the documents which are to support them. In other words, it is a brief.

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