Note:  Do not rely on this information. It is very old.


Case signifies a narrative statement of facts submitted for the opinion of counsel, or a similar statement from an inferior to a superior court for its consideration. Since the year 1883 parties may concur in stating questions of law in a special case; or, if it appears to the court or a judge from the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. The Court of Chancery used to direct such cases for the opinion of a court of law, but such references are now unnecessary, the divisional court having full power to determine the same, subject, of course, to appeal. In divorce and probate practice a party making a motion must file, among other papers, a case containing an abstract of the proceedings in the suit, a statement of the circumstances on which motion is founded, and the prayer or nature of decree sought. By an Act passed in the year 1857 (20 and 21 Vict. c. 48), justices of the peace may be required, at the insistance of any party dissatisfied with their decision in their summary jurisdiction on a point of law, to state and sign a case for the opinion of the divisional court of the High Court of Justice.