Case

In practice

A written statement of facts drawn up in a certain form, and intended to be submitted to a court of law for its opinion or judgment. There are various kinds of cases, as cases reserved on the trial of a cause, cases agreed on without trial, and cases macule to move for a new trial. See infra. Case agreed on. A statement of facts in writing, agreed upon between the parties to an action, and submitted to the court without trial, in order to obtain an opinion or decision upon the points of law arising on such facts. This is sometimes called a case stated.

3 Wharton's R. 143. 8 Serg. d: R. 529.

In England, by the recent statute 3 <Sc 4 Will. IV. c.

42, 8.

25, the parties are allowed to frame a case of this kind immediately after issue joined, and brin^ it at once before the court in banc for its decision, in order to avoid the expense and delay of a trial.

3 Steph. Com. 621.

Case reserved, or made. A statement in writing of the facts proved On the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervisfon of the judge, for the purpose of having certain points of law, which arose at the trial, and could not then be satisfactorily decided, determined upon full argument before the court in banc* This is otherwise called a special case; and it is usual for the parties, where the law of the case is doubtful, to agree that the jury shall find a general verdict for the plaintiff, subject to the opinion of the court upon such a case to he made; instead of obtainmg from the jury a special verdict.

3 Bl. Com. 378. 3 Steph. Com. 621.

Steph. PI.

92, 93. 1 Arch. Pr. 216. 1 Burr. Pr. 242, 463.

See Special verdict. Lord Mansfield said, in Luke v. Lyde, he always leaned, (even where he had himself no doubt) to make cases for the opinion of the court; but he took particular care that this should not create delay or expense to the parties, and therefore he always dictated the case in court, and saw it signed by counsel before another case was called, and always made it a condition in the rule that it should be set down to- be argued within the first four days of the term.

2 Burr. 887.

In modern practice, however, only a memorandum of the facts is made at tiie trial; and the case itself is not prepared until some days after. Case to move for new teial. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict and grant a new trial.

Grah. Pr. 330. 1 Burr, Pr, 469.

See New trial.

See New trial.