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Casus

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

A thing that happens: an occurrence; a combination of circumstances; an event; a case, 5. v.

Casus foederis

The case of the treaty: the case contemplated in a compact or contract.' Casus fortuitous. An inevitable occurrence or accident.

8 Casus major.

An unusual accident.^ See Accident; Act, 1, Of God.

Casus omissus

A case not provided for. A combination of circumstances overlooked.

1 143 Mass. 393; 52 Pa. 333; 7 Wheat. 107 2 36 Cal. 333. = 1 Wash. 373; 3 id.

382; 4 Dall. 413. * L. easualia, happening by chance. ' 3 Bl. Com. 303. « [Welles V. Castles, 3 Gray, 325 (1855), Bigelow, J. See also Thompson v. Tillotson, 56 Miss. 36 (1878). ' See 1 Kent, 49. or deemed unimportant, in a statute or a contract. Where the letter of a statute would have been enlarged to Include an occurrence, had the legislature foreseen it, the courts will bring the case within the spirit of the statute.' But, under this rule, a court may not go so far as virtually to make a law.^ Consimili easu. In like case. To quicken the diligence of the clerks in chancery, who were much attached to ancient precedents, it was provided by statute of Westm. S, 13 Edw. I (1285), o. 84, that when " in one case a writ shall be found in the chancery, and in a like case falling under the same right and requii-ing like remedy, no precedent of a writ can be produced, the clerks shall agree in forming a new one; and if they cannot agfee, it shall be adjourned to the next parliament.".. This provision might have answered all the purposes of a court of equity.^