Open

To begin. He begins or opens who has the affirmative of an issue.

1 Greenl. Ev. § 74.

To open a case is to make a statement of the pleadings in a case, which is called the opening. This should be concise, very distinct, and perspicuous. Its use is to enable the judge and jury to direct their attention to the real merits of the case and the points in issue; 1 Stark. 439; 2 id.

317.

To vacate; to relieve a party who has an equitable right to such relief against a proceeding which is to him a formal or legal bar; to allow a re-discussion on the merits. For example, to open a rule of court.

2 Chitty, Bail 263; 1 Mann. & G. 555; 7 Ad. & E. 519. To open a judgment or default; Taylor v. Place, 4 R. I. 324; Rogan v. Walker, 1 Wis. 631.

See Opening a Judgment. To open an account; to make a judicial announcement, that a party, e. g. an executor, shall not be absolutely bound by the account he has rendered, but may show that it contains errors to his prejudice. To open a marriage settlement or an estate-tail; i. e. to allow a new settlement of the estate. To open biddings; i. e. to allow a re-sale.

See Opening Biddings.

To open a contract; Tucker v. Madden, 44 Me. 206; a highway; State v. County Ave. Com'rs, 37 N. J. L. 14.