CASE STATED. A statement of all the facts of a case, with the names of the wit nesses, and a detail of the documents which are to support them. A brief.
An agreement in writing, betweeijt a plain tiff 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 par ties 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 chan cery, 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. Sta. Com. 453, n. ; 8 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 deci sion may be rendered upon the court's con clusions 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 in chide such a provision.
There must be a pending action, in which the case is stated; Smith v. Eline, 4 D. R. (Pa.) 490; it must state all the facts; and cannot refer to outside documents; Hemphill v. Yerkes, 132 Pa. 545, 19 AU. 342, 19 Am. St. Rep. 607; the court must decide on the case stated, not on the report of a master subsequently appointed; Frailey v. Legion of Honor, 132 Pa. 578, 20 Atl. 684; and cannot go outside of the case stated in deciding it ; Northampton Co. v. Ry. Co., 148 Pa. 282, 23 Ati. 895; Mutchler v. City of Easton, 148 Pa. 441, 23 Atl. 1109; Com. v. Howard, 149 Pa. 302, 24 Atl. 308; if no right of appeal is reserved, the decision of the court is final ; Cora. 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 with out jurisdiction to renaer 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.