What is the test for setting out a "state of facts" in a defence?
Saskatchewan, Canada
The following excerpt is from Hillman v. Imperial Bank, 1926 CanLII 128 (SK CA):
Lord Denham, C.J. said in Williams v. Wilcox 8 A & E 314, 7 L.J.Q.B. 229 (112 E.R. 857, at p. 863) : It is an elementary rule of pleading that, when a state of facts is relied on, it is enough to allege it simply, without setting out the subordinate facts which are the means of producing it, or the evidence sustaining the allegation.
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