KFLCC Kingdom Law 2nd Ed.

174

CASTELLAEIUM

CASE LAW

cient forms of action will not lie. Steph. PI. 15. An abbreviated form of the title "tres pass on the case," q. v. Munal v. Brown (C C.) 70 Fed. 968. 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 mon ey, 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 book-keeping, of all cash transactions; an account of moneys received and expended.—Cash-book. In book keeping, an account-book in which is kept a record of all cash transactions, or all cash re ceived and expended. The object of the cash book is to afford a constant facility to ascer tain the true state of a man's cash. Pardessus, n. 87.—Cash-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 property, in opposition to a 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. Blakley, 44 Or. 78, 74 Pac. 485; State v. Railway Co., Iff Nev. 68; Tax Com'rs v. Holliday, 150 Ind. 216, 49 N. E. 14, 42 L. R. A. 826; Cummings v. Bank. 101 U. S. 162, 25 L. Ed. 903. CASHIER, n. An officer of a moneyed in stitution, or commercial house, or bank, who is intrusted with, and whose duty it is to take care of, the cash or money of such institution or bank. The cashier of a bank is the executive officer, through whom the whole financial operations of the bank are conducted. He receives and pays out its moneys, collects and pays its debts, and receives and transfers its commercial se curities. Tellers and other subordinate officers may be appointed, but they are under his di rection, and are, as it were, the arms by which designated portions of his various functions are discharged. The directors may limit his au thority as they deem proper, but this would not affect those to whom the limitation was un known. Merchants' Nat. Bank v. State Nat. Bank, 10 Wall. 650, 19 L. Ed. 1008. CASHIER, v. In military law. To de prive a military officer of his rank and office. CASHLITE. An amercement or fine; a mulct. CASSARE. To quash; to render void; to break. CASSATION. In French law. Annul ling ; reversal; breaking the force and va lidity of a judgment A decision emanating

from the sovereign authority, by which a de cree or judgment in the court of last resort is broken or annulled. Merl. Repert. CASSATION, COURT OF. (Fr. cour de cassation.) The highest court in France; so termed from possessing the power to quash {passer) the decrees of inferior courts. It is a court of appeal in criminal as well as civil cases. CASSETUR BELLA. (Let That the bill be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by bill, (billa.) 3 Bl. Comm. 303; Steph. PL 128, 131. The form of an entry made by a plaintiff on the record, after a plea in abate ment, where he found that the plea could not be confessed and avoided, nor traversed, nor demurred to; amounting in fact to a discon tinuance of the action. 2 Archb. Pr. K. B. 3, 236; 1 Tidd, Pr. 683. (Lat 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, (breve.) 3 Bl. Comm. 303; Steph. PL 107, 109. CASSOCK, or CASSULA. A garment worn by a priest In old English practice. To allege, offer, or present; to proffer by way of excuse, (as to "cast an essoin.") This word is now used as a popular, ra ther than a technical, term, in the sense of 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 is synonymous with "destroy," which means to unfit a vessel for service beyond the hope of recovery by or dinary means. U. S. v. Johns, 26 Fed. Gas. 616; U. S. v. Vanranst, 28 Fed. Cas. 360. CASSETUR BREVE. CAST, v. CAST, p. p. Overthrown, worsted, or de feated in an action. CASTEXi, or CASTLE. A fortress in a town; the principal mansion of a nobleman. 3 Inst 31. CASTEIiLAIN. In old English law. Tne lord, owner, or captain of a castle; the con stable of a fortified house; a person having the custody of one of the crown mansions; an officer of the forest CASTELLANUS. A castellain; the keeper or constable of a castle. Spelman. CASTELLARIUM, CASTELLATUS. In old English law. The precinct or juris diction of a castle. Blount