Page:Black's Law Dictionary (Second Edition).djvu/182

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CASE LAW 174 CASTELLARIUM

clent forms of action will not lie. Steph. P1. 15. An abbreviated form of the title "trespass on the case," q. v. Munal v. Brown (C.C.) 70 Fed. 908.

CASE LAW. A professional name for the aggregate of reported cases as forming a body of jurisprudence: or for the law of a particular subject as evidenced or formed by the adjudged cases; in distinction to statutes and other sources of law.

CASH. Ready money; whatever can be used as money without being converted into another form , that which circulates as money, including bank-bills. Hooper v. Flood, 54 Cal. 221; Dazet v. Landry, 21 Nev. 291, 30 Pac. 1064; Blair v. Wilson, 28 Grat. (Va.) 165; Haviland v. Chace, 39 Barb. (N. Y.) 284.


—Cash-account. A record. in hook-keeping. of all cash transactions; an account of moneys received and expenrlcd.—Cnsh-hook. In book- keeping, an account-book in which is kept a. record of all cash tiansactions, or all casb re- reived and expended. The oliject of the cash- book is to afford a constant facility to ascertain the true state of a man's cash. Pardessus. n. 87.—Ca.sh-note. In England. A bank note of a provincial bank or of the Bank of England. -—Cash-price. A price payable in cash at the time of sale of properly, in opposition to B. barter or a sale on credit.—Cash value. The cash value of an article or piece of property is the price which it would bring at private sale (as distinguished from a forced or auction sale) the terms of sale requiring the payment of the whole price in ready money, with no deferred payments. Ankeny v. Blaklcy. 44 Or. 78. 74 Pac. -LS5: Stale v. Itnilway Co.. 0 Nev. US; Tax Com'rs v. Holliday, 150 Ind. 216, 4.5) E\. E. 14. 42 L. It. A. 8 i: Cummings v Bank. 101 U. S. 162, 25 L. Ed. 903.

CASHIER, n. An officer of a moneyed lnstitutlou, or commercial house, or hank, who is intinstod with, and whose duty It Is to take care of, the cash or money of such lnstitution or bank.

The cashier of a bank is the executive officcr. through whom the whole financial operations of the hunl; are conducted. He receives and pays out its moneys, collects and pays its debts. and IECBHGS and transfers its commercial securities. Tellers and other subordinate officers may be appointed, but tbcy are under his di- rection, and are, as it were, the arms by which dcsicnnbed portions of his various functions are disdiarged. The directors may limit his authority as they deem proper, but this would not -ilfect those to whom the limitation was un- known. Merchants’ Nat. Bank v. State Nat. Blink. 10 Vial]. 650, 19 L. Ed. 1003.

CASHIER, 12. In military law. To deprlve a military officer nf his l"lllli and office.

CASHLITE. An umercement or fine; a mulct.

CASSARE. To quash; to render void; to hresk.

CASSATION. In French law. Annulliiig; reversal; breaking the force and validity of a judgment. A decision emanating from the sovereign authority, by which a decree or judgment in the court or last resort is broken or annulled. Merl. Report.

CASSATION, COURT OF. (Fr. sour I19 cassution.) The highest court In France; so terined from possessing the power to quash (w.s-ser) the decrees of inferior courts. It la a court of appeal in criminal as well as civil cases.

CASSETIIR BIILLA. (Lat. That the bill be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was C0|Ill.iJ€llCed by bill, (billa.) 3 Bl. Comm. 303: Steph. Pl 128, I31. The form of an entry made by a plaintiff on the record, after a plan in ahal.ement, where he found that the plea could not be confessed and avoided, nor traversed. nor demurred to; amounting in fact to 11 discontinuance of the action. 2 Archb. Pr. K. B. 3, 236; 1 Tidtl, Pr. (383.

CASSETUTR BREVE. (L-at. That the writ be quashed.) In practice The form of the judgment for the defendant on a plea in abatement, where the action was commenced by original writ, (brev:e.) 3 Bl. Comm. 303. steps. Pl. 107, 109.

CASSOCK, or CASSULA. A garment Worn by a priest.

CAST, v. In old English practice. To allege, offer, or present; to proffer by way of excuse, (as to "cast an essom.")

This word is now used as a popular, rather than a technical, term, ln the sense or to overcome. overthrow, or defeat in a civil action at law.

Cast away. To cast away a ship is to do such an act upon or in regard to it as causes it to perish or be lost, so as to be irrecoverable by ordinary means. The term ls synonymous with "destroy," which means to unfit a vessel for service beyond the hope of recovery by ordinary means. U. S. v. Johns. 26 Fed. Cas. 616; U. S. v. Vanranst, 28 Fed. C213. 360.

CAST, p. p. Overthrown, worsted, or do tested in an action.

CASTEL, or CASTLE. A fortress in a town; the principal mansion of a nobleman. 3 Inst. 31.

CASTELLAIN. In old English law. '1lie lord. owner, or captain of a castle: the cou- stable 01' a fortified house; a person having the custody of one at the crown mansions: an officer of the forest.

CASTELLANUS. A castellaln; the keeper or constable of a castle. Spelman.

CASTELLARIUM, CASTELLATUS. In old English law. The precluct or jniis

diction of a castle. Blonut.