CAUSE, pleading.The reason; the motive1.
2. In a replication de injuria, for example, the plaintiff alleges2 that the defendant3 of his own wrong, and without the cause by him in his plea alleged4, did, &c. The word cause here means without the matter of excuse alleged, and though in the singular number, it puts in issue all the facts in the plea, which constitute but one cause. 8 Co. 67; 11 East, 451; 1 Chit. Pl. 585.
CAUSE, practice. A Contested question before a court of justice; it is a Suit or action. Causes are civil or criminal. Wood's Civ. Law, 302; Code, 2, 416. 20
CAUSE OF ACTION. By this phrase is understood the right to bring an action, which implies, that there is some person in existence who can assert, and also a person who can lawfully5 be sued; for example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue6, and consequently the statute7 of limitations did not begin to run until letters of administration had been obtained by some one. 4 Bing. 686.
2. There is no cause of action till the claimant can legally sue, therefore the statute of limitations does not run from the making of a promise, if it were to perform something at a future time, but only from the expiration9 of that time, though, when the obligor promises to pay on demand, or generally, without specifying10 day, he may be sued immediately, and then the cause of action has accrued11. 5 Bar. & Cr. 860; 8 Dowl. & R. 346.When a wrong has been committed, or a breach12 of duty has occurred, the cause of action has accrued, though the claimant may be ignorant of it. 3 Barn. & Ald. 288, 626 5 B. & C. 259; 4 C. & P. 127.
CAUTIO PRO8 EXPENSIS. Security for costs or expenses.
2. This term is used among the civilians13, Nov. 112, c. 2, and generally on the continent of Europe. In nearly all the countries of Europe, a foreign plaintiff, whether resident there or not, is required to give caution pro expenses; that is, security for costs. In some states this requisition is modified, and, when such plaintiff has real estate, or a commercial or manufacturing establishent within the state, he is not required to give such caution. Faelix, Droit. Intern14. Prive, n. 106.
CAUTION. A term of the Roman civil law, which is used in various senses. It signifies, sometimes, security, or security promised. Generally every writing is called cautio, a caution by which any object is provided for. Vicat, ad verb. In the common law a distinction is made between a contract and the security. The contract may be good and the security void. The contract may be divisible, and the security entire and indivisible. 2 Burr, 1082. The securities or cautions judicially15 required of the defendant, are, judicio sisti, to attend and appear during the pendency of the suit; de rato, to confirm the acts of his attorney or proctor; judicium solvi, to pay the sum adjudged against him. Coop. Just. 647; Hall's Admiralty Practice, 12; 2 Brown, Civ. Law, 356.
CAUTION, TURATORY, Scotch16 law. Juratory caution is that which a suspender swears is the best he can offer in order to obtain a suspension. Where the suspender cannot, from his low or suspected circumstances, procure17 unquestionable security, juratory caution is admitted. Ersk. Pr. L. Scot. 4, 3, 6.
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