TO OPEN, OPENING. To open a case is to make a statement of the pleadings in a case, which is called the opening.

2. The opening should be concise¹, very distinct and perspicuous. Its use is to enable the judge and jury to direct their attention to the real merits of the case, and the points in issue. 1 Stark². R. 439;S. C. 2 E. C. L. R. 462; 2 Stark. R. 31; S. C 3 Eng. C. L. R. 230.

3. The opening address or speech is that made immediately after the evidence has been closed; such address usually states, 1st. The full extent of the plaintiff's claims, and the circumstances under which they are made, to show that they are just and reasonable. 2d. At least an outline of the evidence by which those claims are to be established. 3d. The legal grounds and authori-ties in favor of the claim or of the proposed evidence. 4th. An anticipation³ of the expected defence, and statement of the grounds on which it is futile⁴, "either in law or justice, and the reasons why it ought to fail. 3 Chit. Pr. 881; 3 Bouv. Inst. n. 3044, et seq. To open a judgment⁵, is to set it aside.

TO OPEN A CREDIT. When a banker accepts or pays a bill of exchange drawn⁶ on him by a correspondent, who has not furnished him with funds, he is said to open a credit with the drawer. Pardess. n. 29.

OPEN COURT. The term sufficiently⁷ explains its meaning. By the constitution of some states, and by the laws and practice of all the others, the courts are required to be kept open; that is, free access is admitted in courts to all persons who have a desire to enter there, while it can be done without creating disorder⁸.

2. In England, formerly⁹, the parties and probably their witnesses were admitted freely in the courts, but all other persons were required to pay in order to obtain admittance. Stat. 13 Edw. I. C. 42, and 44; Barr. on the Stat, 126, 7. See Prin. of Pen. Law. 165

OPEN POLICY. An open policy is one in which the amount of the interest of the insured is not fixed¹⁰ by the policy, and is to be ascertained¹¹ in case of loss. Vide Policy.

OPENING A JUDGMENT. The act of the court by which a judgment is so far annulled¹² that it cannot be executed, but which still retains some qualities of a judgment; as, for example, its binding¹³ operation or lien¹⁴ upon the real estate of the defendant¹⁵.

2. The opening of the judgment takes place when some person having an interest makes affidavit¹⁶ to facts, which if true would render the execution of such judgment inequitable. The judgment is opened so as to be in effect an award of a collateral¹⁷ issue to try the facts alleged¹⁸ in the affidavit. 6 Watts¹⁹ & Serg. 493, 494.