Case Stated

A statement of all the facts of a case, with the names of the witnesses, and a detail of the documents which are to support them.

A brief

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

Diehl v. Ihrie, 3 Whart. (Pa.) 143.

Some process of this kind exists, it is presumed, in all the states, for the purpose of enabling parties who agree upon the facts to dispense with a formal trial to ascertain what is already known, and secure a decision upon the law involved merely. These agreements are called also agreed cases, cases agreed on, agreed statements, etc. In chancery, also, when a question of mere law comes up, it is referred to the king's bench, or common pleas, upon a case stated for the purpose; 3 Sharsw.

Bla. Com. 453, n.; 6 Term 313.

A case stated usually embodies a written statement of the facts in the case consented to by both parties as correct, and submitted to the court by their agreement, that a decision may be rendered upon the court's conclusions of law on the facts stated, without a trial by jury. 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; Dane, Abr. c.

137, art.

4, § 7; 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. But a writ of error will also lie on a Judgment on a case stated, when the parties have agreed to it; Fuller v. Trevoir, 8 S. & R. (Pa.) 529; and it Is usual to include such a provision. There must be a pending action, in which ISC is stated; Smith v. Kline, 4 D. R. (Pa.) 490; it must stale all the facts; and cannot refer to outside documents; Hemphill v. Yerkes, 132 Pa. 545, 19 Atl. 342, 19 Am. St. Rep. 607; the court must decide on the case stated, not on the report of a master go outside of the case stated in deciding it; Northampton Co. v. Ry. Co., 148 Pa. 2S2, 23 Atl. S95; Mutchler v. City of Easton, 148 Pa. 441, 23 Atl. 1109; Com. v. Howard, 149 Pa. 302, 24 Atl. 30S; if no right of appeal is reserved, the decision of the court is final; Com. v. Callahan, 153 Pa. 625, 25 Atl. 1000. Where a controversy is submitted to a court upon a case stated, but which fails to recite that it is submitted for its opinion on the law and judgment, the court is without jurisdiction to render judgment; Tyson v. Bank, 77 Md. 412, 26 Atl. 520, 23 L. R. A. 161. Where an agreed statement was made by the parties under a mistake of facts, it was a proper subject of amendment; Levy v. Sheehan, 3 Wash. St. 420, 28 Pac. 748.