Page:Black's Law Dictionary (Second Edition).djvu/186

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


CAUSA ECCLESIE

of the eflect. 4 Camp. 294; Marble v. City of WorCester. 4 Gray (l\lass.) 398.

Caiisii. ecciesim priblicis wquipnratnr; at siininia. est ratio qua: pro 1-eligione facit. The cause of the church is equal to puiillc cause; and paramount is the reason which makes for religion. Co. Litt. 34.1.

cause at orlgo est miitex-iii. nsgotii. The cause and origin is the substance of the thing; the cause and origin of a thing are a material part of it. ’Die law regards the orlginni act. 1 Coke. 99.

Gsnsa pr-ofimn, non 1-eniatn. spectatiu-. i‘he iinnicdiate, not the remote, cause. is looked at, or considered. 12 East. (AVE; 3 Kent, Comm. 302: Story. Bnllm 5 515; BM: Max. reg. 1.

Cause vagn at hicertn. non est caiini I-ntionaliilis. 5 Cake. 57. A vague and 1111- certain cause is not a reasonable cause.

Gauss dotis, vita, lilies-ts,tis, flsci siuit inter favoraliilia. in legs. (‘nuscs of (low- er, life, llherty, revenue, are among the things favored in law. Co. Liit. 341.

CAUSAM NOBIS SIGNIFICES QUARE. A wi'lt atlilressed to a mayor of a town. etc., who was by the him’s writ com- manded to give scisin of lands to the kings grantee, on his delaying to do it, requiring him to show cause \\ by he so delayed the perforniance of his duty. Biount; Cowell.

CAUSARE. In the Civil and old Eh- glish law. To he engaged in a suit; to litigate; to conduct 11 cause.

CAUSATOR. In aid European law. One who manages or Liticates anotlier's cause Spelmnn.

O

CAUSE. That which produces an effect; whatever moves, impeis, or leads. The origin or foundation 01' a thing, as 01' a suit or action; a ground of action. Corning v. Mc- Cullough, 1 I\‘. Y. 47, 49 Am. Dec 287; State v. Dougherty. 4 Or. 203.

’Die consideration of a contract, that is, the inducement to it, or motive of the coutracting party for entering into it, is. in the

-ivii and Scotch law. called the "Cause."

The civilians use the term “cause." in relation to obligations. in the same sense as the word "considcrsfion" is used in the jurisprudence of bgland and the United States. It means the motive, the inducement to the agi-eement,—M quad indwoet ad cont:-ahendum. In contracts of mutual 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 planning. Reason; motive; matter of excuse or justification.

178

CAUSES OELEBRES

In practice. A suit, litigation, or action. Any question, civil or ciiminal, contest:-. before a court of justice.

Cause imports a judicial proceeding entire and is nearly synonymous with ii; In Latin, or suit in English Although allied to the iron] "case," it differs from it in the application of its meaning. A cause is pending, postponed. sppealed, gained, lost, etc.; whereas a case is made, rested, argued, decided. etc. Case is of ii more iimitcd signification, importing a collection of facts, with the conclusion of law thereon. Both terms may he used with propriety in thn same sentence: 9. g., on the trial of the came. the plaintiff introduced certiin evidence, and there rested his case. See Shirts v irons, ind. 44’; Biyew v. U. S.. 13 Wall. . S1. 20 L Ed.0$i3S Erwin v. U. S., 37 Fed. 470, 2 L. R.

A distinction is sometimes taken between “cnnse" and “uction." BLll'Ilii observes that ii cause is not, like an action or suit, said to he commenced. nor is an action, like a cause. said to be tried. But, if tiicre is any substantial (I- l‘m-once between these terms, it must lie in the fact that “action" refers more peculiaily to th- legal procedure of B controversy: "cause" to its niurita or the state of facts involved. Thus. We cannot say “the muse should have been renlevin Nor would it be correct to say “the plaintiil‘ pleaded his own aL't~Zmv.."

As to “Prohalile Cause" and “Proximnte Cause," see those titles. As to challenge "for cause," see "Challenge."

CAUSE-BOOKS. Books kept in the central o[i.ice of the Emlish supreme court, In which are entered all writs of summons issued in the office. Rules of Court, v 3.

CAUSE LIST. In English practice. A printed roll of actions, to be tried in the order of their entry, wlth the names of thi solicitors for each litigant. Siinil-ir to thr calenilar of causes, or docket, used in Amer icnn courts.

CAUSE OF‘ ACTION. Matter for which an action may be brought The ground on which an action may he sustained. The right to bring a suit.

Qause of action is properly the ground on which an action can be maintained; as when we say that surh a person has no cause of action. But the phrase is often used to signify the matter of the complaint or claim on which a given action is in fact grounded, vihciher or not legally marntainahie. Mosley & Wliitiey.

It sometimes means a person having a right of a_r-tion. Thus, where a legacy is lcft to :1 married woman, and she and her husband bring an action to recover it, she is caiicd in the old books the "meritorious cause of action." I H B]. 10S.

The term is synonymous with right of action, right of recovery. Graham v. Scripture. 26 How. Prac. (N. Y.) 501.

_ Cause of action is not synonymous wlth chose in action; the latter includes debts, etc.. not due, and even stocks. Bank of Cominercc v. Rutianci & W. R. Co., 10 How. Prac. (N. Y.) 1.

oauszs ciminnzs. Celebrated cases. A work containing reports of the decisions of interest and importance in French courts in the seventeenth and eighteenth centuries.

secondarily a single trial or decision is