theory of case


theory of case
The design or principle on which a party maintains his alleged cause of action or defense. A necessary statement in a bill in equity. O'Brien v People, 216 111 354, 75 NE 108. The theory of the case should be presented with sufficient allegations of fact to give basis and point to the charges, but if the allegations develop too much theory, the door will be open to the criticism of stating mere conclusions of law or of being too abstract. O'Brien v People, 216 Ill 354, 75 NE 108. As a general rule, a reviewing court considers the case only upon the theory upon which it was tried in the court below. 5 Am J2d A & E § 546.

Ballentine's law dictionary. . 1998.

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