State
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
V. To allege; to aver; to declare as matter of fact. Stated: alleged or averred. Also, definitely appointed; deliberately settled; regularly recurring; as in the expressions, stated terra of the court; account stated; stated attendance at church. The words "stating" and "showing" differ in signiiication. Stating a matter may be simply alleging it; while showing it consists of a disclosure of the facts which establish its existence.
Spalding v. Spalding, 3 How. Pr. 297.
State of the case. In New Jersey practice, the expression " state of the case " is conventionally used for the narrative of facts forming or taking the place of a plaintiff's declaration in the inferior courts. State of facts. Formerly, when a master in chancery was directed by the court of chancery to make an inquiry or investigation into any matter arising out of a suit, and which could not conveniently be brought before the court itself, each party in the suit carried in before the master a statement showing how the party bringing it in represented the matter in question to be; and this statement was technically termed a state of facts, and formed the ground upon which the evidence was received; the evidence being, in fact, brought by one party or the other, to prove his own or disprove his opponent's state of facts. (Gray Ch. Prac. 109. 110.) And so now, a state of facts means the statement made by any one of his version of the facts. Brown. Stating part. That part of the body of a bill in chancery, drawn according to the old forms, which contained allegations of facts material to the complainant's case, was called the stating part.