[6]
Sometimes again the statement of facts can be
dispensed with only by one party, who is generally
the plaintiff, either because it is sufficient for him to
make a simple summary of his case or because it is
more expedient for him to do so. It may, for instance, suffice to say, “I claim repayment of a
certain sum of money which was lent on certain
conditions” or “I claim a legacy in accordance with
the terms of the will.” It is for the other party to
explain why these sums are not due to the plaintiff.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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