case

A 'case' was defined by Mr. Chief Justice Marshall as early as the leading case of Marbury v. Madison... to be a suit instituted according to the regular course of judicial procedure.

A question before a court of justice. 88 111. App. 199. Any state of facts which furnishes occasion for the exercise of the jurisdication of a court of justice or any question contested before such a court. 257 111. 55. A subject on which the judicial power is capable of acting and which has been submitted to it by a party in the form required by law. 88 111. App. 199. A question contested before a court of justice; an action or suit at law or in equity. 1 Wheat. (U. S.) 352; 4 Iowa, 152. A case arising under a treaty (Const. U. S. art. 3, § 2) is a suit where is drawn in question the construction of a treaty, and the decision is against the title set up by either party under such treaty. Story, J., I Wheat. (U. S.) 356. And see, also, 6 Cranch (U. S.) 286; 9 Wheat. (U. S.) 819; II How. (U. S.) 529; 12 How. (U. S.) 111. A form of action which lies to recover damages for injuries for which the more "Case," or, more fully, "action upon the case," or "trespass on the case," includes in its widest sense assumpsit and trover, and distinguishes a class of actions in which the writ is framed according to the special circumstances of the case, from the ancient actions, the writs in which, called brevia formata, are collected in the Registrum Brevium. Sometimes used for "case stated" (q. v.)

1. A general term for an action, cause, suit or controversy, at law or in equity; a question contested before a court of justice; an aggregate of facts which furnishes occasion for the exercise of the jurisdiction of a court of justice. Smith v. Wa-terbury, 54 Conn. 174, 7 Atl. 17 ; Kundolf v. Thalueimer, 12 N. Y. 596; Gebhard v. Sat-tler, 40 Iowa, 156.

— Cases and controversies. This term, as used in the constitution of the United States, embraces claims or contentions of litigants brought before the court for adjudication by regular proceedings established for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs; and whenever the claim or contention of a party takes such a form that the judicial power is capable of acting upon it, it has become a case or controversy. Interstate Commerce Co.m'n v. Brim-son. 154 U. S. 447, 14 Sup. Ct. 1125, 38 In Ed. 1047; Smith v. Adame, 130 U. S. 167, 9 Sup. Ct. 566, 32 In Ed. 895; In re Railway Com'n (C. C.) 32 Fed. 255. But these two terms are to be distinguished ; for there may be a "separable controversy" within a "case," which may be removed from a state court to a federal court, though the case as a whole is not removable. Snow v. Smith (C. Ct) 88 Fed. 658.
2. A statement of the facts involved in a transaction or series of transactions, drawn up in writing in a technical form, for submission to a court or judge for decision or opinion. Under this meaning of the term are included a "case made" for a motion for new trial, a "case reserved" on the trial of a cause, an "agreed case" for decision without trial, etc.
—Case agreed ou, A formal written enumeration of the facts in a case, assented to by both parties as correct and complete, and submitted to the court by their agreement, in order that a decision may be rendered without a trial, upon the court's conclusions of law upon the facts as stated.

— Case for motion. In English divorce and probate practice, when a party desires to make a motion, he must file, among other papers, a case for motion, containing an abstract of the proceedings in the suit or action, a statement of the circumstances on which the motion is founded, and the prayer, or nature of the decree or order desired. Browne, Div. 251; Browne, Prob. Pr. 295.

— Case ou appeal. In American practice. Before the argument in the appellate court of a case brought there for review, the appellant's counsel prepares a document or brief, bearing this name, for the information of the court, detailing the testimony and the proceedings below. In English practice. The "case on appeal" is a printed statement prepared by each of the parties to an appeal to the house of lords or the privy council, setting out methodically the facts which make up his case, with appropriate references to the evidence printed in the "appendix." The term also denotes a written statement, prepared and transmitted by an inferior court or judge raising a question of law for the opinion of a superior court.

— Case reserved. 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 supervision 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 be made, instead of obtaining from the jury a specini verdict. 3 Bl. Comm. 378; 3 Steph. Comm. 621; Steph. PI. 92, 93; 1 Burrill, Pr. 242, 463.

— Case stated. In practice. An agreement in writing, between a plaintiff and defendant, that the facis in dispute between them are as therein agreed upon and set forth. Diehl v. Ihrie, 3 Whart. (Pa.) 143. A case agreed upon.

— Case to move for new trial. In practice. 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.
3. A form of action which lies to recover damages for injuries for which the more ancient forms of action will not lle. Steph. PI. 15. An abbreviated form of the title "trespass on the case," q. v. Munal v. Brown (C. C.) 70 Fed. 968.

An action; a suit; a question contested before a court, either at law or in equity; a written statement of facts intended to be submitted to a court for its opinion or judgment; an action for a trespass for injuries unaccompanied with force, or where the damage is merely consequential, v. Trespass on the case. Case agreed, or stated: a statement in writing of facts agreed on between the parties and submitted to the court without trial for an opinion or a decision on a point or points of law involved. Case reserved, or made: a statement in writing of facts proved, settled by counsel or the judge, to obtain the opinion of the court in banc upon a point or points of law involved, with a general verdict subject to such opinion. This is sometimes called also a special 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.

1. V. Action upon the case. Trespass on, the case. 2. An action or suit at law. Case agreed or stated: a statement of the facts agreed on by the parties, or by another court, and submitted to the court without trial for decision of a point of law. So, case reserved, or made, special case, where points of law are reserved by the judge or parties for the decision of the court in banc, and a nonsuit or verdict is given subject to such decision.

A suit or action; a cause. The Lat. casus had formerly the same meaning. Bract fol. 301 b. A case, in the sense of the constitution of the United States, (Art. III. Sect. II.) is a suit in law or equity, and arises when some subject, touching the constitution, laws or treaties of the United States, is submitted to the courts by a party who asserts his rights in the form prescribed by law. 3 Story an Const. 507. See 9 Wheaton's B. 819. 9 Peters' R, 224.