Case

“ The only doubt which can arise is as to the character of the particular case claimed to come within the definition, and not as to the definition of the phrase itself.
All the cases agree that the term is to be applied to criminal causes alone, and not to civil proceedings. ”

“ On the other hand, we may cite the following cases as strongly favoring the view which we adopt. It hardly is worth while to state them at length, as each case must stand so much on its own circumstances and words. ”

“ The character of the man as well as the clearness of his judicial judgment may be seen from a single extract from a decision written by himself in a celebrated case which came before the court during his incumbency of the supreme bench. ”

“ Not one of the questions certified presents a distinct point of law; and each of them, either in express terms or by necessary implication, involves in its decision a consideration of all the circumstances of the case. ”

“ This will appear from an examination of a few of the strongest cases on each side of the question.'
He then goes into an examination of the decided cases, for which it is only necessary to refer to the case itself. ”

“ In truth, the case comes up de novo, and is reviewed as from the beginning, and a judgment made up without regard to the proceedings below further than to determine from the record of facts and law sent up, holding in all cases jurisdiction as well of facts as law—and in truth it is nothing more than a high court of chancery. ”

“ All agree as to the Nominative that it is simply the name of the thing. If we admit that a distinct case is constituted by any accident or modification which changes the relation which that bears to the actors or action of the sentence, we must agree to the six cases at least; because, for example, to a thing, and from a thing are very different accidents to the thing. ”

“ My way of living leads me to be about the courts of justice; and there I have some times seen a good lawyer, struggling for his client's neck, in a desperate case, employing every artifice to work round, befog, and cover up with many words some position pressed upon him by the prosecution, which he dared not admit, and yet could not deny. ”

“ All the exceptions that were argued in the court below or here relate only to questions of fact, depending on the weight of evidence. The court omitted to find the facts, and the case comes here on the evidence. ”

“ DCCXCII.—NO JUDGE.
A certain Judge having somewhat hastily delivered judgment in a particular case, a King's Counsel observed, in a tone loud enough to reach the bench, "Good heavens! every judgment of this court is a mere toss-up." "But heads seldom win," observed a learned barrister, sitting behind him.
DCCXCIII.—RELATIONS OF MANKIND.
By what curious links, and fantastical relations, are mankind connected together! ”

“ Presenting one side of a case, addressing chiefly those who are already adherents of that side, putting a colour on the events it reports,—it serves up to the reader ideas, perhaps only mere phrases or catchwords, which confirm him in his prepossessions, and by its daily iteration makes him take them for truths. ”

“ Three cases in this court are specially pertinent to the one under consideration, and we have little more to do than to point out the salient facts of each and determine by which one of them this case is controlled. ”

“ In stating the case we have, therefore, called attention only to the facts and proceedings essential to an elucidation of the three questions now pressed, and hence, disregarding the grounds of error which are obsolete, we come to consider the real issues. ”

“ The most they can do is to bring to the discharge of their duties a careful and diligent consideration of the particular case, a knowledge and experience of the general condition and business affairs of mankind, to which all are more or less subject, a sound and enlightened judgment, and honest desire to arrive at truth and justice between the parties. ”

“ There is but a single question of law in the case, viz.: are the facts found sufficient to support the judgment? This question may be affected by a greater or less number of considerations, but it is the sole question. ”

“ The proceedings instituted in this case, although commencing by an attachment, and upon what is termed a short note, in lieu of a formal declaration, assume, nevertheless, the essential character, and in some respects, the usual forms of the action of assumpsit, and must be governed by the rules applicable to such an action. ”

“ The evolution in meaning is worthy of special notice. The general sense ‘case' is a later development of ‘lawsuit, dispute,’ which has been preserved in Modern High German Sachwalter, ‘attorney, advocate’ (see further Widersacher) . ”

“ A charge which, O judges, even when many motives appear to concur, and to be connected with one another, is still not rashly believed, nor is such a case allowed to depend on slight conjecture, nor is any uncertain witness listened to, nor is the matter decided by the ability of the accuser. ”

“ Her interests are large and considerable and are to be weighed not only in the light of the facts of this case but by the kind of situation presented. For we write not only for this case and this day alone, but for this type of case. ”

“ Inevitably, therefore, the doctrine of a particular case 'is not allowed to end with its enunciation and * * * an expression in an opinion yields later to the impact of facts unforeseen.' Jaybird Mining Co. ”

“ The rulings, the correctness of which is questioned by the assignments of error, will be presently stated. It is necessary that we should first ascertain the precise nature of the case disclosed by the evidence. ”

“ I recommend this course because the instant case seems to be to raise novel and important questions which have not been adequately briefed or argued by the parties and which this Court consequently, in its opinion today, treats in a most cursory fashion. ”

“ Every man has six or so. [32]
Somewhere, eager but for right,
Court and counsel cease to cite
Pointless cases recondite.
Somewhere headnotes give the ground
Whereupon the judges found
Judgments generally sound.
Somewhere juries use their sense,
Basing on the evidence
Verdicts of intelligence.
Somewhere rich embroideries
Woven cunningly of lies
Part in twain at truth's clear eyes.
Somewhere justice grows from wrong,
Till the right that suffered long
Sings at last its triumph song. [33]
Somewhere—even in a place
Peopled by a perfect race—
One side holds a losing case. ”

“ Bird
Argued: Nov. 15, 1918. --- Decided: Jan 7, 1919
But a single question is required to be decided. We state the case only to the extent essential to make this clear and to elucidate the issue to be considered. ”

“ It is well known that on every question the lawyers are about equally divided, as is seen in the present case, and were we to act but in cases where no contrary opinion of a lawyer can be had, we should never act. ”

“ Different forms of expression are employed in later enactments, but all which are applicable to the case before the court are, except as to time, substantially to the same effect. 13 id. 214, sect. 14. ”

“ Questions of thak kind are addressed very largely to the judicial discretion of the court and create the necessity for inquiry into the facts of the case and for an examination into all the surrounding circumstances. ”

“ Where an article which has been lost by one person is found in the possession of another, who cannot tell whence he got it; 3. Where the evidence of the witnesses produced by any party varies from that of the parties themselves; 4. Where no evidence exists. In this case, the party who can give the most plausible story will obtain a decision in his favour; 5. Where the agent of another in any law-suit is cast. ”

“ Paragraph 2- One who has a case in front of him where he compares the ruling to an earlier case that he had and rules accordingly, but there is someone in the city that has more wisdom than him whom he did not consult, is included in the category of the wicked who are haughty in judgement. ”

“ The case has, in some respects, been not entirely devoid of interest.” ”

“ A special case is a statement of facts agreed to on behalf of two or more litigant parties, and submitted for the opinion of a court of justice as to the law bearing upon the facts so stated. A leading case is a decision which settles some point of importance. ”

“ I should prefer that you do not mention my name at all in connection with the case, as I choose to be only associated with those crimes which present some difficulty in their solution. ”

“ It is to those who by choice or chance are, or intend to become, engaged in that most laborious of all forms of legal business, the trial of cases in court, that the suggestions and experiences which follow are especially addressed. ”

“ Among the important details, however, are (1) the verdict and the conditions under which it was rendered, (2) the sentence imposed, (3) the decision rendered and its significance, (4) important testimony, (5) net results of the day’s proceedings in a trial, (6) the history of the case or action, (7) provisions of a will, (8) liabilities, assets, and cause in bankruptcy, (9) the award, or finding, (10) the grounds on which a suit is based. ”

“ The cases on this point are referred to in the brief in that case, and afford full authority for the principle, if any were needed. (1 Hill (N. Y.) , 328; 9 Barn. & C., 750; 3 Burr., 1456; 4 Moo. & P., 341.) ”

“ Numerous authorities have been cited which, it is supposed, are in conflict with the views we have expressed. But a careful examination will show that the cases cited are distinguishable from those to which we have referred. ”

“ For in judicial cases, with much that admits of demonstrative proof, or which, as matter of fact, is unquestioned, there is still more where nothing but this psychological penetration, long practiced in such matters, and to which past experience has given confidence in itself, can immediately see through all the sophistical wiles not only of the pleadings and the skillful advocate, but also of the litigant parties themselves, or of the crafty criminal. ”

“ There are certain propositions of law which must necessarily affect the ultimate decision of these cases, and many others which it will be proper to discuss and decide before we notice the special facts peculiar to each. ”

“ It is true there are some cases which, it is contended, justify a contrary view. We will not now stop to examine those cases narrowly, and to declare wherein they may be in conflict with the cases above cited. ”

“ We have stated more at large the proper practice in bringing up for review cases of this peculiar character, than was necessary to the disposition of the one before us, as they are frequently occurring, and the practice governing them not very well settled. ”

“ We will only add, that practical illustrations of this application of the rule are witnessed daily in the administration of justice in criminal cases, and are too familiar to every lawyer to require a more particular reference. ”

“ A principle which, perhaps, might not be erroneous in common cases, in which only one individual was injured by another, or when the trial was, by the law, committed to a common jury, who might easily be misled. ”

“ Shall we then pretend to understand the reasons and methods of God's judicial proceedings with the children of men, whose characters and cases are so various, when we cannot account for the spreadings of the clouds, which cover the light? ”

“ It is instructive to observe the cases in which it has been supposed that it ought to exist, and the cases in which it has been supposed that it might be omitted. The cases in which it has been thought necessary, are those which concern property of considerable value. ”

“ On our recognizing a combination of circumstances as accidental the result of the trial in most cases depends, and the distinction between accident and law depends upon the amount of knowledge concerning the events of the daily life especially. ”

“ This case deserves to be a classic. ”