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Home » Law Dictionary » S » STATEMENT

STATEMENT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

pleading and in practice. In all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant. 2. This statement stands in the place of a declaration, and is not restricted to any particular form.

Law Dictionary – Alternative Legal Definition

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 English bankruptcy practice, a bankrupt or debtor who has presented a petition for liquidation 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 securities, a list of bills discounted, and a statement 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 defendant 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 allegations contained in the statement of claim, (or the indorsement on the writ, if there is 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 indorsed the writ specially, (t. 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 particulars of his claim, and after eight days enter judgment for the amount, as if the writ had been specially indorsed.

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