Legal Term Dictionary

Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in court to answer an action. Holthonse.

Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in court to answer an action. Holthonse. Less...

Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it is the privilege of the presiding officer to cast one vote (if otherwise he would not be entitled to any vote) on either side, or to cast one additional vote, if More...

Where the votes of a deliberative assembly or legislative body are equally divided on any question or motion, it is the privilege of the presiding officer to cast one vote (if otherwise he would not be entitled to any vote) on either side, or to cast one additional vote, if he has already voted as a member of the body. This Is called the "casting vote." By the common law, a casting vote sometimes signifies the single vote of a person who never votes; but, in the case of an equality, sometimes the double vote of a person who first votes with the rest, and then, upon an equality, creates a majority by giving a second vote. People v. Church of Atonement, 48 Barb. (N. Y.) 006; Brown v. Foster, 88 Me. 49, 33 Atl. 662, 31 L. K. A. 116; Wooster v. Mullins, 64 Conn. 340, 30 AtL 144, 25 L. R. A. 694. Less...

In feudal law. An Imposition anciently laid upon such persons as lived within a certain distance of any castle, towards the maintenance of such as watched and warded the castle. —Castleguard rents. In old English law. Rents paid by those that dwelt within the precincts of a castle, towards the More...

In feudal law. An Imposition anciently laid upon such persons as lived within a certain distance of any castle, towards the maintenance of such as watched and warded the castle. —Castleguard rents. In old English law. Rents paid by those that dwelt within the precincts of a castle, towards the maintenance of such as watched and warded it Less...

In the Roman law. Relating to the camp or military service. Castrense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49, 17.

In the Roman law. Relating to the camp or military service. Castrense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49, 17. Less...

Lat. In Roman law. A camp. In old English law. A castle. Bract, fol. 69b. A castle, including a manor. 4 Coke, 88.

Lat. In Roman law. A camp. In old English law. A castle. Bract, fol. 69b. A castle, including a manor. 4 Coke, 88. Less...

In old English law. A writ of entry, granted where tenant by the curtesy, or tenant for life, alienated in fee, or in tail, or for another's life, which was brought by him in reversion against the Tarty to whom such tenant so alienated to his prejudice, and in the More...

In old English law. A writ of entry, granted where tenant by the curtesy, or tenant for life, alienated in fee, or in tail, or for another's life, which was brought by him in reversion against the Tarty to whom such tenant so alienated to his prejudice, and in the tenant's life-time. Termes de la Ley. Less...

A writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life.

A writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life. Less...

That which happens accidentally, or is brought about by causes unknown; fortuitous; the result of chance. Lewis v. Lofley, 92 Ga. 804, 19 S. E. 57. —Casual ejector. In practice. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, More...

That which happens accidentally, or is brought about by causes unknown; fortuitous; the result of chance. Lewis v. Lofley, 92 Ga. 804, 19 S. E. 57. —Casual ejector. In practice. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action, he is supposed to come casually or by accident upon the premises, and to turn out or eject the lawful possessor. 3 Bl.'Comm. 203; 3 Steph. Comm. 670; French v. Robb, 67 N. J. Law, 260, 51 Atl. 509, 57 L. R. A. 956, 91 Am. St Rep. 433.—Casual evidence. A phrase nsed to denote (in contradistinction to "preappointed evidence") all such evidence as happens to be adducible of a fact or event, but which was not prescribed by statute or otherwise arranged beforehand to be the evidence of the fact or event. Brown.—Casual pauper. A poor person who, in England, applies for relief in a parish other than that of his settlement. The ward In the work-house to whirh they are admitted is called the "casual ward."—Casual poor. In English law. Those who are not settled in a parish. Such poor persons as are suddenly taken sick, or meet with some accident, when away from home, and who are thus providentially thrown upon the charities of those among whom they nappen to be. Force v. Haines, 17 N. J. Law, 400. Less...

Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause; as by fire, shipwreck, lightning, etc. Story, Bailm. § 240; Gill v. Fugate, 117 Ky. 257, 78 S. W. 191; McCarty v. Railroad Co., 30 Pa. 251; Railroad Co. v. Car More...

Inevitable accident; an event not to be foreseen or guarded against. A loss from such an event or cause; as by fire, shipwreck, lightning, etc. Story, Bailm. § 240; Gill v. Fugate, 117 Ky. 257, 78 S. W. 191; McCarty v. Railroad Co., 30 Pa. 251; Railroad Co. v. Car Co., 139 U. S. 79, 11 Sup. "Ct 490, 35 L. Ed. 97; Ennis v. Bldg. Ass'n, 102 Iowa, 520, 71 N. W. 426; Anthony v. Karbach, 64 Neb. 609, 90 N. W. 243, 97 Am. St. Rep. 662. —Casualties of superiority. In Scotch law. Payments from an inferior to a superior, that is, from a tenant to his lord, which arise upon uncertain events, as opposed to the payment of rent at fixed and stated times. Bell. —Casualties of wards. In Scotch law. The mails and duties due to the superior in ward-holdings. Less...

Lat. Chance; accident; an event; a case; a case contemplated. —Casus belli. An occurrence giving rise to or justifying war.—Casus foederis. In international law. The case of the treaty. The particular event or situation contemplated by the treaty, or stipulated for, or which comes within its terms. In commercial law. More...

Lat. Chance; accident; an event; a case; a case contemplated. —Casus belli. An occurrence giving rise to or justifying war.—Casus foederis. In international law. The case of the treaty. The particular event or situation contemplated by the treaty, or stipulated for, or which comes within its terms. In commercial law. The case or event contemplated by the parties to an individual contract or stipulated for by it, or coming within its terms.—Casus fortultus. An inevitable accident a chance occurrence, or fortuitous event. A loss happening in spite of all human effort and sagacity. 3 Kent, Comm. 217, 300; Whart. Neg. §8 113, 553. The Majestic, 166 U. S. 375, 17 Sup. Ct. 597, 41 L. Ed. 1039. —Casus major. In the civil law. A casualty ; an extraordinary casualty, as fire, shipwreck, etc. Dig. 44, t, 1, 4.—Casus omissus. A case omitted; an event or contingency for which no provision is made;' particularly a case not provided for by the statute on the general subject, and which is therefore left to be governed by the common law. Casus fortultus non est sperandus, et nemo tenetnr devinare. A fortuitous event is not to be expected, and no one is bound to foresee it 4 Coke, 6G. Casus fortuitns non est supponendu. A fortuitous event is not to be presumed. Hardr. 82, arg. Casus omissus et oblivioni datus dis-positloni juris communis relinquitur. A case omitted and given to oblivion (forgotten) is left to the disposal of the common law. 5 Coke, 38. A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max; 46. Casus omissus pro oniuo habendus est. A case omitted is to be held as (intentionally) omitted. Tray. Lat Max. 67. Less...