cause

Cause' is a word of very broad import and its meaning is generally known. It is used in the section in its well-known sense of bringing about, and in such sense it is applicable to the conduct of Kenofskey. He deliberately calculated the effect of giving the false proofs to his superior officer; and the effect followed, demonstrating the efficacy of his selection of means. ... He became Kenofskey's agent for that purpose and the means by which he offended against the provisions of the statute.

That which produces an effect; whatever moves, impels or leads. The origin or foundation of a thing, as of a suit or action; a ground of action. Corning v. McCullough, 1 N. Y. 47, 49 Am. Dee, 287; State v. Dougherty, 4 Or. 203. The consideration of a contract, that is, the inducement to it, or motive of the contracting party for entering into it, is, in the civll and Scotch law, called the "cause." The civilians use the term "cause," in relation to obligations, in the same sense as the word "consideration" is used in the jurisprudence of England and the United States. It means the motive, the inducement to the agreement,—id quod inducet ad contrahendum. In contracts of mufual interest, the cause of the engagement is the thing given or done, or engaged to be given or done, or the risk incurred by one of the parties. Mouton v. Noble, 1 La. Ann. 192.

In pleading. Reason; motive; matter of excuse or justification.

In practice. A suit, litigation, or action. Any question, civil or criminal, contested before a court of justice. Cause imports a judicial proceeding entire, and is nearly synonymous with lie in Latin, or suit in English. Although allied to the word "case," it differs from it in the application of its meaning. A cause is pending, postponed, appealed, gained, lost, etc.; whereas a case is made, rested, argued, decided, etc. Case is of a more limited signification, importing a collection of facis, with the conclusion of law thereon. Both terms may be used with propriety in the same sentence ; e. g., on the trini of the cause, the plaintiff introduced certain evidence, and there rested his case. See Shirts v. Irons, 47 Ind. 445 ; Blyew . U. S., 13 Wall. 581, 20 In Ed. 638 ; Erwin v. U. S., 37 Fed. 470, 2 L. R. A. 229. A distinction is sometimes taken between "cause" and "action." Burrill observes that a cause is not, like an action or suit, said to be commenced, nor is an action, like a cause, said to be tried. But, if there is any substantial difference between these terms, it must lie in the fact that "action" refers more peculiarly to the legal procedure of a controversy ; "cause" to its merits or the state of facts involved. Thus, we cannot say "the cause should have been replevin." Nor would it be correct to say "the plaintiff pleaded his own action." As to "Probable Cause" and "Proximate Cause," see those titles. As to challenge "fur cause," see "Challenge."

That which produces an effect; that which moves, leads, or induces; the origin or foundation of a thing, as of a suit; a ground of

That which produces an effect; whatever moves, impels, or leads. The origin or foundation of a thing, as ofa suit or action; a ground of action. 1N. Y,. 47. The consideration of 4 contract, that is, the inducement to it, or motive of the contracting party for entering into it, is, in the civil and Scotch law, culled tha “cause.” The civilians use the term “canse,” in relation to obligations, in the sume sense as the word “consideration” is used in the jurisprudence of England and the United States. It means the motive, tha inducement to the agreement,—id yuod tnducet ad contrahendum. In contracts of mutual interest, the cause of the engagement is the thing giveu or done, or engaged to be given or dons, or the rish incurred by one of the parties. 1 La. Ann. 192.

In pleading. Reason; motive; matter of exctlse or justification.

In practice. A suit, litigation, or action, Any question, civil or criminal, contested before a court of justice, Cause imports a judicial procecding entire, and is nearly synonymous with ty in Latin, or suit in English. Although allied to the word “case,” it differs irom itin the application of its meaning. A cause is pending, postponed, appealed, gained, lost, ete.; whereas a case is made, rested, argued, decided, etc. Case is of a more limited significa tion, importing a collection of facts, with the conclusico of law thereon. Both terms may be used with propriety in the same sentence; ¢. g., on the trial of the caizse, the plaintiff introduced certain evidence, and there rested his case. 18 Conn. 10. A distinction is sometimes taken between “cause” and “action.” Burrill observes that a cause is not, ike an action or suit, said to be commenced, noris an uction, like a cause, said to be tried. But, if there is any substantial difference between these terms, it must lie in the fact that “action” refers more peculiarly to the legal procedure of a controversy; “cause” to its merits would it be correct to say “the plaintiff pleaded his own action.”

civ. law. This word has two meanings. 1. It signifies the delivery of the thing, or the accomplishment of the act which is the object of the conventian. Datio vel actum, quibus ab und parte conventio implert cepta est. 6 Toull. n. 13, 166.—2. It is the consideration or motive for making a contract. An obligation without a cause, or with a false or unlawful cause, hag no effect; but an engagement is not the less valid, though the cause be not expressed. The cause is ulicit, when it is forbidden by law, when it is contra bonos mores, or to public order. Dig. 2, 14,7, 4; Civ. Code olof Lo. a. 1887-1894;; Code Civil, liv. 3, tit. 3, c. 2,8. 4, art. 1131- 1133; Toull. liv. 3, tit. 3,c. 2, 8. 4.