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Browne, Prob. Pr

Categories: Contracts

Definition (1910 Edition)

295.—Case on appeal. In American practice. Before the argument in the appellate court of a case brought there for review, the appellant’s counsel prepares a document or brief, bearing this name, for the information of the court, detailing the testimony and the proceedings below. In English practice. The “case on appeal’ is a printed statement prepared by each of the parties to an appeal to the house of lords or the privy council, sétting out methodically the facts which make up his case, with appropriaté references to the evidence printed in the “appendix.” The term also denotes a written statement, prepared and transmitted by an inferior court or judge raising a question of law for the opinion of a superior court.—Oase reserved. A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge, for the purpose of having certain points of law, which arose at the trial] and could not then be satisfactorily decided. determined upon full argument before the court in banc. his is otherwise called a “special case;’”? and it is usual for the parties, where the law of the case is 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 obtaining from the jury a special verdict. 3 Bi.

174; Coote, Prob. Pr. 173, 180.

280, . l
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.