[86]
The reason for placing
the statement of facts before the proof is to prevent
the judge from being ignorant of the question at
issue. Why then, if each individual point has to be
proved or refuted, should not each individual point be
stated as well? If my own experience may be
trusted, I know that I have followed this practice in
the courts, whenever occasion demanded it, and my
procedure has been approved both by learned authorities and the judges themselves, while the duty of
setting forth the case was generally entrusted to me.
I am not boasting, for there are many with whom I
have been associated as counsel, who can bring me to
book if I lie.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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