Casus

Lat. Chance; accident; an event; a case; a case contemplated.

— Casus belli. An occurrence giving rise to or justifying war.

— Casus fœderis. In international law. The case of the treaty. The particular event or situation contemplated by the treaty, or stipulated foe, or which comes within its terms. In commercial law. The case or event contemplated by the parties to an individual contract or stipulated for by it, or coming within its terms.--Casus fortuitus. An inevitable accident, a chance occurrence, or for-fuitous event. A loss happening in spite of all human effort and sagacity. 3 Kent. Comm. 217, 300; Whart. Neg. §§ 113, 553. The Majestic, 166 U. S. 37'5, 17 Sup. Ct. 597, 41 In Ed. 1039.

— Casus major. In the civil law. A casualty ; an extraordinary casualty, as fire, shipwreck, etc. Dig. 44, 7, 1, 4.

— Casus omissus. A case omitted; an event or contingency for which no provision is made ; particularly a case not provided for by the statute on the general subject, and which is therefore left to be governed by the common law.

I. A case; a cause or action; an event; a bination of circumstances; a chance; an accident Casus foederis: the case of the treaty or compact contemplated by a treaty or compact. Casus English law. Castle building and uphold- Trinoda necessitas. building, town or law. An instrument; otherwise called Cucking stool. has a right to cast divided. castelli gnardia, and old English called watch and kind of tenure by within a certain garrison. The circuit by dwellers within of the garrison. camp or military property which a son the camp. v. Pecuincluding a manor. similar case. v. Conthe case provided; 6 Edw. I., c. 7, in dower aliened ■: so called because, or by accident, emoluments arising resembling the inciforeseen or guarded circumstance or comor misfortune.; the case or event fortuitus: a fortuitous spite of all human effort or sagacity; — tenetur divinare: a fortuitous event is man is bound to foresee it;— non est event is not to be presumed. Casus overlooked or not provided for; as, an vide for a particular case; — et oblirioni communis relinqnitur: a case omitted disposal of the common law.

In the civil law. Casus major: a casualty as fire, shipwreck, etc.

Lat. Chance; accident; an event; & case; a case contemplated.

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.^

;. Case; event; chance. Casus foederis: a case within a treaty, to which it applies. Casus fortuitus: an inevitable event; a chance occurrence. Casus fortuitus non est sperandus, et nemo tenetur divinare: a chance event is not to be expected, and no one is bound to foresee it. Casus major: an extraordinary casualty. Casus omissus: a case omitted, unprovided for. Casus omissus et oblivioni datus dispositioni juris communis relinquitur: a case omitted and forgotten is left to the disposal of the common law.

Lat. [from cadere, to fall, to happen; Fr. cas.] A case. Casus iste evenit apud Clarendone; that case happened at Clarendon. Bract. fol. 45. Est tamen casus, quo, &c.; there is, however, a case in which, &c. Inst. 2. 14. pr. Facta et casus qui quotidie emergunt; the facts and cases which daily arise. Bract. fol. 1 b. In omni casu. Id. fol. 23. In hoc casu. Id. ibid. Id. fol. 276. Inst. 2. 14. 6. A case at law; a cause or action. Cadit mulier a casu; the woman loses her case. Bract. fol. 301 b. An event; a circumstance or combination of circumstances. See Casus foederis. A chance; an accident or misfortune. Inst. 4. 3. 3. See Casus fortuitus.