Page:Black's Law Dictionary (Second Edition).djvu/181

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


CARTEL

or deserters. light a duel.

—-Cartel-ship. A vessel commissioned in time of war to exchange the prisoners of any two hostile powers; also to carry any particular proposal from one to another. For this_reason. lhu officer who commands her is_psi'ticula_rly ordered to carry no cargo, 8l._nlI|I.lDlLl0u, or implements of \\:u'. except a single gun fo_r _ths purpum of signals. Crawford v. The “Illlll:LlI| Penn, 6 Fed. Cas. 773.

Also :1 written challenge to

CARTMEN. Carriers who transport goods and merthanrlise in carts, usually for short distances, for hire.

CARTULARY. records are kept.

A place where papers or

CARUOA, or CARUA. A plow.

CARIICAGE.}} In old English law. A kind of Lix or tribute ancienlly imposed upon every piow, (uzrue or plow-land,) for the public service. Spelman.

OARUCATA. A certain quantity of land used as the bnsls for taxation. As much land as may be tilled by a single plow in a year ind a day. Also, a team of cattle, or a cart-loud.

CARUOATARIUS. in cu:-age, or plow-tenure.

One who held lands Cowell.

CARUE. Britt. C. 84.

A carve of land; plow-land.

CARVAGE. v.) Cowcll.

The name as carucage. (q.

CARVE. In old English law. cate or plow-land.

A carn-

Cfl PORTUIT. Fr. In the law of in-

Iur.IuLc. A fortuitous event: an inevitable llfllllcllt. CASATA. In old English law. A house

with iaud sufficient for the support of one family. Otherwise called “lu'da.," :1 hide of land, and by Bede, "fumilia." Speiman.

CASATUS. A vassal or feudal tenant possessing a r.-«sofa; that is, having a house, huuseinolul, and property of his own.

CASE. 1. A general term for an action. muse suit or controversy, at law or in eamyz a qIl1Silnn contested before a court of jusilw, an aggregate of facts Wlll('ll fur- u&-s occasion for the exercise of the jurisflmu of :1 court of justice. Smith v. Wa- iril--Iry, 54 Colin. 1'74, '7 At]. 17: Kundolf v. Thalloelmer. 12 N. Y. 596: Gebhard v. Sattler. 40 Iowa, 156.

—CnseI and controversies. This term, as uarrl in the constitution of the United States. albums claims or contentions of litigants brcht hnf-ire the court for adjudication by rqslar pr‘-endings established for the protec-

173

CASE

tion 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 contro- versy. Interstate Coinmerce Com'n v. Brim- son, 154 U. S. -147, 14 Sup. Ct. 1125. 38 L. Ed. 1047; Smith v. Adams, 130 U. S. 167. 9 Sup. Ct. 566, 32 L Ed. S! In re Railway Com'n (C. C.) 32 Fed. 255. But these two terms nre to be distinguished: for there may be a "separable controversy" within a "case," a hich may be removed from a state court to a federal court. though the case as a “hole is not removable. Snow v. Smith (C. C.) 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 sub- mission to a court or judge for decision or opinion. Under this meaning of the term are included a "caso made" for a motion l'or new trial, a "case reserved" on the trial of a cause, an "agreed case" for decision Without tri:il_ etc.

—Cnse agreed on. A formal written enu- meraiion of the facts in 8. case, assented to hy hoth parties as correct and complete, and sub- mitted 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 facm as st:1ted.—G.nse for motion. 1n i g- iish divorce and probate practice, when a party desires to make a motion, he must file, among other papers. 11 case for motion, containing an abstract of the proceedings in the suit or action. a statement of the circumstances on whit-li the motion is founded, and tine prayer, or nature of the decree or order desired. Browne. Div. 251.: Browne. Proh. Pr. 2fl5.—CasI'.- on appeal. In American practice. Before the argument in the nppeilatc court of a case hrought there for re- VIEW, the appellant's counsel prepares :1 docu- ment or hrief. hearing this name, for the information of the court, detailing the testimony nnd the proceedings below. In English practice. The "case on appeal" is a printed statement prepnied by each of the parties to an appeal to the house of lords or the privy cuunrii, setting out mcthodicnily the facts which make Hip his case, with appropriate ref9l'erii‘es to the evidence printed in the "appendix." The term nlso denotes a written statement. prepared and li-nnsmittod by an inferior court or judge raising: a qucsfinri of law for the opinion of a su- perior court.—C.nse reserved. A statement in nriunz of the facts proved on the triai of a cnusc. drawn up and settled by the attorneys and counsel for the respective parties under the supenision of the judge, for the purpose of lining certain points of law, which arose at tile triai and could not then be satisfactorily decided. determined upon full argument before the court in bu-nc. This is otherwise called a "spcciai case ;” and it is usual for the parties, where the law of the case [S 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 obtain- in_: from the jury :1 special verdict. 3 Bl. . 378; 3 Steph. Comm. 6"l: Sleph. 1'1. _ '0.» 1 Burrill. Yr. 2422. 463 —Cnse stated. In practice. An agreement in writing. between 11 plainfilf and defendant. that the facts in dispute between them are as (herein agreed upon and set forth. Diehl v. Ihrio, 3 Whsrt. (Pu) 14'! A case agreed upon..—Case to move for new trial. In practice. A case prepared by the party nnninst 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 an-

E