CAST - The Law Mind Legal Dictionary

CASTAuthored

The Law Mind • 989 words

Definition

In legal usage, CAST carries three distinct meanings, each appearing in different historical and procedural contexts:

Defeated in a civil action. A party who loses a lawsuit is said to have been "cast" — that is, cast down or overthrown in the proceeding. The term appears in older English and American case law as a synonym for nonsuited or found against.

To transfer or vest by operation of law. When a legal right, duty, or estate passes automatically — not by voluntary act but by law itself — the law is said to "cast" it upon the recipient. The classic formulation is that the law casts an estate upon an heir at the moment of the ancestor's death.

To allege, offer, or present in court (archaic English practice). In early English procedure, a party could "cast" an essoign — that is, formally present an excuse for failing to appear. This usage is primarily historical and appears almost exclusively in pre-modern English sources.

Common Language

Modern common usage (Wiktionary): Wiktionary's primary relevant entry for "cast" in a legal context lists it as an initialism for the Coalition to Abolish Slavery and Trafficking, an organizational acronym unrelated to the legal senses of the word.

Historical common usage (Webster's 1913): To send or drive by force; to throw, fling, hurl, or impel. Also, to direct (the eyes); to drop or deposit (as a ballot); to throw down, as in wrestling.

The gap between common and legal meaning is real but not counterintuitive. The legal senses grow directly from the physical imagery of the ordinary word — throwing down (defeat), throwing upon (vesting by law), and throwing forward (presenting an essoign) — but each has hardened into a technical term of art that the ordinary reader would not recover from the common definition alone. A researcher encountering "cast" in an old case report or plea roll must determine which technical meaning controls before the passage makes sense.

Common Confusion

CAST (defeated) vs. NONSUIT vs. JUDGMENT AGAINST. These terms overlap but are not interchangeable. A nonsuit is a specific procedural disposition; a judgment against is a broader category. "Cast" in the sense of defeated is the most general and the oldest formulation, and it appears in sources where procedural precision was less developed. Researchers should not assume that "cast" implies a particular procedural mechanism — it may describe the outcome without specifying the route.

CAST (vested by law) vs. DEVOLUTION. Both describe the passing of rights or estates, but devolution is the more modern and precise term for that process. When older sources say the law "casts" an estate, later sources covering the same ground will typically use "devolves upon" or "vests in." Treat the two as functional equivalents in historical research but do not map them interchangeably onto modern doctrine without checking context.

Why It Matters in Research

The central research trap with CAST is that the term's three legal meanings are visually identical in historical sources, and context is the only guide. In an old case report, "the plaintiff was cast" means the plaintiff lost — it does not mean anything was transferred. In a conveyancing or succession passage, "the law casts the estate" means automatic vesting by operation of law, with no litigation implied.

Temporal drift matters here. The defeat sense and the essoign sense are largely pre-20th century usages; they appear in English and early American sources but fade from modern legal writing. The vesting-by-law sense has longer staying power and survives in some equity and property contexts into the 20th century, though it is increasingly displaced by "devolve" and "vest."

The Anderson entry adds a complicating thread: a partial run-on from a definition of cash sale. This appears to be a typographic or compilation artifact in the source dictionary rather than a distinct legal sense of "cast." Researchers using Anderson directly should note the interruption and not conflate the cash-sale passage with the legal definition of the term itself.

For corpus researchers, CAST in the defeat sense is most likely to appear in older English plea rolls, year books, and early American case digests. The vesting sense is more common in equity treatises, inheritance discussions, and real property texts. The essoign sense belongs almost exclusively to English common law procedure before the 19th century reforms.

Historical Dictionary Support

Bouvier, Anderson, and Burrill agree on the core meanings but weight them differently. Burrill is the most concise — defining the term simply as "overthrown or defeated in an action" with a Latin gloss (jactus) — and treats the defeat sense as primary. Bouvier is the most comprehensive, capturing all three senses and citing both Webster and secondary authority for the transfer sense. Anderson picks up the transfer sense and cross-references conveyancing usage, but the entry as preserved is partially corrupted by surrounding text about cash sales, making it less reliable as a standalone source for this term.

None of the three historical dictionaries adequately address how to distinguish the three senses in context, which is precisely what a modern researcher needs. The essoign sense — alleging or presenting an excuse in court — is noted in Bouvier with a citation to Stephens' Commentaries, but it receives no independent treatment in Anderson or Burrill. Researchers relying on Burrill alone would miss this procedural usage entirely.

Jurisdictional Note

The defeat sense of CAST appears in both English and early American sources but is more common in English practice. American courts adopted the term but were never as consistent in its use as English courts; by the mid-19th century most American jurisdictions had shifted to more precise procedural vocabulary. The essoign sense is almost exclusively English.

CASTmain

Bouvier's Law Dictionary • 1928

To defeat in a civil action. Webster. To transfer, invest with, place upon, as to cast an estate upon an heir. Anderson; 36 Cal. 332. In old English practice, to allege, offer, or present as to cast an essoign or excuse for the failure of a party to appear in court. Burrill; 3 Steph. Com. 659. CASTELLAIN, CASTELLANUS. The keeper or captain of a fortified castle; the constable of a castle. Spelman, Gloss.; Termes de la Ley; Blount.

CASTmain

Anderson's Dictionary of Law • 1890

To transfer, invest with, place A sale for cash is a sale for the money in upon; as, in saying that the law casts the hand.2 But when a factor is directed to sell grain for cash, evidence may be given of a well-established custom to allow the purchaser to receive the grain, and call for the money in a few days after delivery. 2, 3 Where goods are sold for cash, but the delivery is unconditional and without fraud or mistake, the title vests in the vendee notwithstanding the cash was not in fact paid.3 The idea of a sale on credit is that the vendee is to have the thing sold on his assumption to pay, and before actual payment.4 SEE CREDIT; CURRENT, 2; MONEY; PLACE, 1, Of delivery, payment; SALE; VALUE.

CASTmain

Burrill's Law Dictionary • 1867

[Lat. jactus.] Overthrown or defeated in an action. See supra.

CASTv.

Websters Unabridged Dictionary (1913) • 1913

To send or drive by force; to throw; to fling; to hurl; to impel. Uzziash prepared . . . slings to cast stones. 2 Chron. xxvi. 14 Cast thy garment about thee, and follow me. Acts. xii. 8 We must be cast upon a certain island. Acts. xxvii. 26. To direct or turn, as the eyes. How earnestly he cast his eyes upon me! Shak. To drop; to deposit; as, to cast a ballot. To throw down, as in wrestling. Shak. To throw up, as a mound, or rampart. Thine enemies shall cast a trench [bank] about thee. Luke xix. 48. To throw off; to eject; to shed; to lose. His filth within being cast. Shak. Neither shall your vine cast her fruit. Mal. iii. 11 The creatures that cast the skin are the snake, the viper, etc. Bacon. To bring forth prematurely; to slink. Thy she-goats have not cast their young. Gen. xxi. 38. To throw out or emit; to exhale. [Obs.] This . . . casts a sulphureous smell. Woodward. To cause to fall; to shed; to reflect; to throw; as, to cast a ray upon a screen; to cast light upon a subject. To impose; to bestow; to rest. The government I cast upon my brother. Shak. Cast thy burden upon the Lord. Ps. iv. 22. To dismiss; to discard; to cashier. [Obs.] The state can not with safety casthim. To compute; to reckon; to calculate; as, to cast a horoscope. "Let it be cast and paid." Shak. You cast the event of war my noble lord. Shak. To contrive; to plan. [Archaic] The cloister . . . had, I doubt not, been cast for [an orange- house]. Sir W. Temple. To defeat in a lawsuit; to decide against; to convict; as, to be cast in damages. She was cast to be hanged. Jeffrey. Were the case referred to any competent judge, they would inevitably be cast. Dr. H. More. To turn (the balance or scale); to overbalance; hence, to make preponderate; to decide; as, a casting voice. How much interest casts the balance in cases dubious! South. To form into a particular shape, by pouring liquid metal or other material into a mold; to fashion; to found; as, to cast bells, stoves, bullets. To stereotype or electrotype. To fix, distribute, or allot, as the parts of a play among actors; also to assign (an actor) for a part. Our parts in the other world will be new cast. Addison. To cast anchor (Naut.) Se under Anchor.  -- To cast a horoscope, to calculate it.  -- To cast a horse, sheep, or other animal, to throw with the feet upwards, in such a manner as to prevent its rising again.  -- To cast a shoe, to throw off or lose a shoe, said of a horse or ox.  -- To cast aside, to throw or push aside; to neglect; to reject as useless or inconvenient.  -- To cast away. (a) To throw away; to lavish; to waste. "Cast away a life" Addison. (b) To reject; to let perish. "Cast away his people." Rom. xi. 1. "Cast one away." Shak. (c) To wreck. "Cast away and sunk." Shak.  -- To cast by, to reject; to dismiss or discard; to throw away.  -- To cast down, to throw down; to destroy; to deject or depress, as the mind. "Why art thou cast down. O my soul" Ps. xiii. 5.  -- To cast forth, to throw out, or eject, as from an inclosed place; to emit; to send out.  -- To cast in one's lot with, to share the fortunes of.  -- To cast in one's teeth, to upbraid or abuse one for; to twin.  -- To cast lots. See under Lot.  -- To cast off. (a) To discard or reject; to drive away; to put off; to free one's self from. (b) (Hunting) To leave behind, as dogs; also, to set loose, or free, as dogs. Crabb. (c) (Naut.) To untie, throw off, or let go, as a rope.  -- To cast off copy, (Print.), to estimate how much printed matter a given amount of copy will make, or how large the page must be in order that the copy may make a given number of pages.  -- To cast one's self on or upon to yield or submit one's self unreservedly to. as to the mercy of another.  -- To cast out, to throy out; to eject, as from a house; to cast forth; to expel; to utter.  -- To cast the lead (Naut.), to sound by dropping the lead to the botton.  -- To cast the water (Med.), to examine the urine for signs of disease. [Obs.].  -- To cast up. (a) To throw up; to raise. (b) To compute; to reckon, as the cost. (c) To vomit. (d) To twit with; to throw in one's teeth.

CASTv.

Websters Unabridged Dictionary (1913) • 1913

To throw, as a line in angling, esp, with a fly hook. To turn the head of a vessel around from the wind in getting under weigh. Weigh anchor, cast to starboard. Totten. To consider; to turn or revolve in the mind; to plan; as, to cast about for reasons. She . . . cast in her mind what manner of salution this should be. Luke. i. 29. To calculate; to compute. [R.] Who would cast and balance at a desk. Tennyson. To receive form or shape in a mold. It will not run thin, so as to cast and mold. Woodward. To warp; to become twisted out of shape. Stuff is said to cast or warp when . . . it alters its flatness or straightness. Moxon. To vomit. These verses . . . make me ready to cast. B. Jonson.

CASTn.

Websters Unabridged Dictionary (1913) • 1913

3d pres. of Cast, for Casteth. [Obs.] Chaucer.

CASTname

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

Initialism of Coalition to Abolish Slavery and Trafficking.

castverb

Wiktionary (English) • 2026

To move, or be moved, away. | To throw. | To move, or be moved, away. | To throw forward (a fishing line, net etc.) into the sea. | To move, or be moved, away. | To throw down or aside. | To move, or be moved, away. | To throw off (the skin) as a process of growth; to shed the hair or fur of the coat. | To move, or be moved, away. | To shed leaves or fruit prematurely. | To move, or be moved, away. | To remove, take off (clothes). | To move, or be moved, away. | To heave the lead and line in order to ascertain the depth of water. | To move, or be moved, away. | To vomit. | To move, or be moved, away. | To throw up, as a mound, or rampart. | To move, or be moved, away. | To throw out or emit; to exhale. | To direct (one's eyes, gaze etc.). | To add up (a column of figures, accounts etc.); cross-cast refers to adding up a row of figures. | To predict, to decide, to plan. | To calculate the astrological value of (a horoscope, birth etc.). | To predict, to decide, to plan. | To plan, intend. | To predict, to decide, to plan. | To assign (a role in a play or performance). | To predict, to decide, to plan. | To assign a role in a play or performance to (an actor). | To predict, to decide, to plan. | To describe in an opinionated way. Mostly used with a metaphor involving light. | To predict, to decide, to plan. | To consider; to turn or revolve in the mind; to plan. | To predict, to decide, to plan. | To impose; to bestow; to rest. | To predict, to decide, to plan. | To defeat in a lawsuit; to decide against; to convict. | To predict, to decide, to plan. | To turn (the balance or scale); to overbalance; hence, to make preponderate; to decide. | To perform, bring forth (a magical spell or enchantment). | To throw (light etc.) on or upon something, or in a given direction. | To give birth to (a child) prematurely; to miscarry. | To shape (molten metal etc.) by pouring into a mould; to make (an object) in such a way. | To shape (molten metal etc.) by pouring into a mould; to make (an object) in such a way. | To stereotype or electrotype. | To twist or warp (of fabric, timber etc.). | To bring the bows of a sailing ship on to the required tack just as the anchor is weighed by use of the headsail; to bring (a ship) round. | To deposit (a ballot or voting paper); to formally register (one's vote). | To change a variable type from, for example, integer to real, or integer to text. | Of dogs, hunters: to spread out and search for a scent. | To set (a bone etc.) in a cast. | To open a circle in order to begin a spell or meeting of witches. | To broadcast (video) over the Internet or a local network, especially to one's television.

castnoun

Wiktionary (English) • 2026

An act of throwing. | The number rolled on a die when it is thrown. | An instance of throwing out a fishing line. | Something which has been thrown, dispersed etc. | A small mass of earth "thrown off" or excreted by a worm. | The collective group of actors performing a play or production together. Contrasted with crew. | The casting procedure. | An object made in a mould. | A supportive and immobilising device used to help mend broken bones. | The mould used to make cast objects. | The number of hawks (or occasionally other birds) cast off at one time; a pair. | A squint. | Visual appearance. | The form of one's thoughts, mind etc. | Obsolete form of caste (“hereditary social class of South Asia”). | Animal and insect remains which have been regurgitated by a bird. | A group of crabs. | The measurement of the angle of a shotgun stock from a top-view center line, used to align the shotgun to the shooter's eye. | A chance or attempt at something. | Assistance given by transporting a person or lightening their labour.

Explore the full Law Mind legal research platform.

Subscribe Encyclopedia Sign In