Cause

That which produces an effect; whatever moves, impels, or leads. The origin or foundation of a thing, as ofa suit or action; a ground of action.

1N. Y,. 47.

The consideration of 4 contract, that is, the inducement to it, or motive of the contracting party for entering into it, is, in the civil and Scotch law, culled tha “cause.” The civilians use the term “canse,” in relation to obligations, in the sume sense as the word “consideration” is used in the jurisprudence of England and the United States. It means the motive, tha inducement to the agreement,—id yuod tnducet ad contrahendum. In contracts of mutual interest, the cause of the engagement is the thing giveu or done, or engaged to be given or dons, or the rish incurred by one of the parties.

1 La. Ann. 192.

In pleading. Reason; motive; matter of exctlse or justification.

In practice

A suit, litigation, or action, Any question, civil or criminal, contested before a court of justice, Cause imports a judicial procecding entire, and is nearly synonymous with ty in Latin, or suit in English. Although allied to the word “case,” it differs irom itin the application of its meaning. A cause is pending, postponed, appealed, gained, lost, ete.; whereas a case is made, rested, argued, decided, etc. Case is of a more limited significa tion, importing a collection of facts, with the conclusico of law thereon. Both terms may be used with propriety in the same sentence; ¢. g., on the trial of the caizse, the plaintiff introduced certain evidence, and there rested his case.

18 Conn. 10.

A distinction is sometimes taken between “cause” and “action.” Burrill observes that a cause is not, ike an action or suit, said to be commenced, noris an uction, like a cause, said to be tried. But, if there is any substantial difference between these terms, it must lie in the fact that “action” refers more peculiarly to the legal procedure of a controversy; “cause” to its merits would it be correct to say “the plaintiff pleaded his own action.”