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Statement of defense

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

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 calied a "statement of defense." The statement of defense deals with the allegations contained in the statement of claim, (or the indorsement on the writ, if there is no statement of clnim,) admitting or denying them, and, if necessary, stating fresh facts in explanation or avoidance of those nileged by the plaintiff. Sweet —-Statement of particulars. In English practice, when the plnintiff claims a debt or liquidated demand, but has not indorsed the writ specially, (i. e., indorsed on it the particulars of his claim under Order ill. r. 6,) and the defendant fails to appear, the plaintiff may file a statement of the particulars of his claim, and after eight days enter judgment for the amount, as if the writ had been specially indorsed. Court Rules, xiii.

5; Sweet.