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Case

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

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.)