Case

1.

That which happens or comes about; an occurrence; a circumstance to which something applies. Compare CASUS. In the Eevised Statutes, § 5392, limiting perjury to oaths in a case in which the law authorizes an oath to be administered, " case " is not confined to a suit or proceeding in court. The meaning is, the law must authorize the oath under the circumstances existing; as, in justifying bail.* The expression "all cases" often signifies all cases of a particular class only. The generality of the words will be restrained by the context and the general scheme of the instrument. ^ Thewords " in case he lives " imply a condition as explicitly as "if," "upon," and the like, and express a contingency.^ See Then; Upon, 2.

2.

A state of facts which furnishes occasion for the exercise of the jurisdiction of a court of justice.' A question contested before a court of justice; an action or suit in law or equity.^ An action, suit, or cause, qq. v. In the sense of " a state of facts involving a question for discussion or decision, a, cause or suit in court," will include a question pending before a commission authorized to hear and determine matters pertaining to railroads.^ The word is applied in New York to at least three abstract ideas: a suitor action at law; the combination of facts upon which each party relies to sustain 1 Weil V. State, 52 Ala. 20-21 (1875); United States v. Jaclison, 1 Hughes, B38 (1875). ' Cooper Manuf. Co. v. Ferguson, 113 \}.

S. 735 (1885). 5 Peckering v. Demerritt, 100 Mass. 421 (1868). < United States v. Volz, 14 Blatch.

17 (1876). "Phillips V. State, 15 Ga. 521 (1854); 27 Ark. 564; 11 Ohio St. 252; 18 Pa. 388: 118 U. S. 491. « Eobert's Appeal, 69 Pa. 72 (1868). ' Kundolt V. Thalheimer, 13 N. Y. 596 (1865), Gardiner, C. J. his side ot a controversy; and the aggregation of papers and evidence presented to an appellate court on the argument of an appeal.' Case in judgment. The facts which constitute the case under consideration or already decided.

Case law

That part of the jurisprudence of a country which is deducible from the decisions rendered by the courts; law made by decided cases.

Case reserved

When the jury find a verdict generally for the plaintiff, but subject to the opinion of the court on the special case stated by counsel on bothsides with regard to a matter of law.

2 Case stated.

When the parties submit to the court a written statement of the facts in the case as they agree upon them, to obtain a decision upon the question of law arising out of the facts. Also called a " case agreed upon," or "case made." A case stated is a substitute for a special verdict,' q. V. If a question of mere law arises in the course of a cause iif chancery, it is referred, for an opinion, to the king's bench or the common pleas, upon a case stated for that pxupose, wherein all the material facts are admitted, and the point of law is submitted to their decision.' Cases and controversies. By "cases' and controversies," in the judicial article of the Constitution, are intended the claims of litigants brought before the courts for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs. Whenever the claim of a party under the Constitution, laws, or treaties takes such a form that the judicial power is capable of acting upon it, it becomes a case. The term implies the existence of present or possible adverse parties whose contentions are submitted to the court for adjudication. 6 The term " controversies," if distinguishable from "cases," is so in that it is less comprehensive than the latter, and includes only suits of a civil nature.'

— See Controversy; Judicial, Power. See also Admiralty; Fictitiods; Lbadino; Merits; Ovbrrxjled; Report, 1 (2); Table, Of cases. ■ [15 Alb. Law J. 242 (1877). 2 [3 Bl. Com. 378. s Whitesides v. Eussell, 8 W. & S. 47 (1844). 4 3 Bl. Com. 453. 3. In pleading, a term for "action on the case," " trespass on the case," " special action of trespass on the case"— a common-law form of action. A generic term, embracing many different species of actions, those of most frequent use being assumpsit and trover.' A remedy for all personal wrongs committed without force — where the injury is consequential. Called " case " because the plaintiff's whole cause of complaint is set forth at length. 2 Where the act done is in itself an immediate injury the remedy is by an action of trespass vi et armis. Where there is only a culpable omission, or wherethe act is not immediately injurious, but only consequentially a.nd collaterally so, the remedy is by an action on the special case for the damages consequent on such act or omission," Where any special consequential damage arises, which could not be foreseen and provided for in the ordinary course of justice, the party is allowed, by common law and by statute of Westminster 2, c. 24, to bring a special action on his own case, by a writ formed according to the pecuhar circumstances of his particular grievance.* See Casus, Consimili casu. The action of case lies for a tort not committed with force, actual or implied;

— for a tort committed forcibly where the matter affected was not tangible, as tor an injury to a right of way or to a franchise;

— for an injury to a relative right;

— for an injury resulting from negligence;

— for a wrongful act done under legal process regularly issued from a court of competent jurisdiction;

— for a wrongful act committed by defendant's servant without his order, but for which h& is still responsible;

— for the infringement of a right given by statute;

— for an injury done to property of which the plaintiff has the reversion only. Damages not necessarily resulting from the act complained of must be alleged specially. The plea " not guilty " raises the general issue; and under this plea almost any matter ot defense, except the statute of limitations, may be given in evidence. In some States the distinction between "trespass" and "case" has been abolished. See Amendment, 1; Damages, Special; Trespass. 4. A chest, box, or package. By statute 35 and 36 Vict. (1872), c. 77, s. 23, no explosive or inflammable substance shall be taken into a mine " except in a case or canister," etc. Held, that " case " means something solid and substantial m the nature of a canister, and that a package like a bag of linen or calico was not contemplated.' 1 [Carrol v. Green, 92 U. S. 513 (1875), Swayne, J. 2 [3 Bl. Com. 122, 154. S3 Bl. Com. 188; Scott t>. Sbepherd,2W. Bl. 892(1773): 1 Sm. L. C, Part I, *754-fi9; Cooley, Torts, 70; 30 Conn. 182, 180. *3B1. Com. 123-23, 50-51.