casus omissus
Defined in 6 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Black's (1891), Burrill (1850), Bouvier (1839)
Definitions from Case Law
From 266 U.S. 548 - Ebert v. Poston · 1925Most cited · 118 citing opinions
A casus omissus does not justify judicial legislation.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
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.
Defined under Casus in Black's Law Dictionary.
A Dictionary of Law
Henry Campbell Black · 1891
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.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
Lat. A case omitted, overlooked or not provided for. Applied usually to omissions in a statute to provide for a particular case. 2 BL Com. 260. 4 Id. 302. €•■■• omiosna ct obli Tioul daflws disp*- •itio Bi jarls c«aiaiani« reli Dqaltar. A case omitted and forgotten is left to the disposal of the common law. 5 Co. 38.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
an omitted case. When a statute or an instrument of writing undertakes to foresee and to provide for certain contingencics, and through mistake, or on account of some other cause, a case remains to be provided for, it is said to be a casus omissus. For example, when a statute provided for the descent of intestates’ estates, and omits a case, the estate descends as it did before the statute. 2 Binn. R. 279. Vide Dig. 33, 1, 44 and 55; Ib. 38, 2,10; Code, 6, 52, 21 and 30.