Definitions from Case Law

although the administrative process has had a different development and pursues somewhat different ways from those of courts, they are to be deemed collaborative instrumentalities

a corporation formed or availed of principally for the manufacture, construction, or production of property with a view to (1) the sale or exchange of stock prior to the realizatio

they chose to make the objections in a distinct receivership suit of their own, not on any recognized equitable ground, such as fraud, imposition, or mistake, but on the ground of

The rule of general law which does not permit the existence of a corporation to be indirectly attacked. The assertion that it had no legal existence, because it was an unlawful com

If the court in which the proceedings took place had jurisdiction to render the judgment which it did, no error in its proceedings which did not affect the jurisdiction will render

In judicial sales under the process of a court of general jurisdiction, where the owner of the property is a party to the proceedings, and has an opportunity of contesting their re

those decisions refer to instances where the patent had issued, but the principle of freedom from collateral attack is equally applicable where final entry has been made. The final

Since no consideration has been given or should be given to collateral losses in framing an order to reimburse employees for their lost earnings, manifestly no consideration need b

disabilities or burdens (which) may flow from petitioner's conviction, he has 'a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imp

where the second action between the same parties is upon a different cause or demand, the principle of res judicata is applied much more narrowly. In this situation, the judgment i

A prior judgment between the parties operates as an estoppel in a suit on a cause of action different from that forming the basis for the original suit 'only as to those matters in

when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.

The judgment is conclusive in respect to the parties to it. It cannot be impeached collaterally, and it cannot be questioned upon a creditor's bill.

a court, when engaged in trying a criminal case, will not take notice of the manner in which witnesses have possessed themselves of papers or other articles of personal property, w

a small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the

As the bill in this case is a collateral proceeding to set aside the sale, mere errors and irregularities in the original proceeding will not suffice. It must be shown that the cou

if I go to a shop with a joiner, and say to the master, 'I will see you paid for the articles with which you trust this man;' here, though I am liable upon proof of this undertakin

pro *558 ceedings that challenge the lawfulness of a prior judgment, it does not follow that other proceedings may not also be described as involving "collateral review." Finally,

The lease was in the nature of a mortgage, and held only as collateral security, and followed the judgment

The ecclesiastical or collative chaplaincy, although also founded by an individual, is one erected into a benefice by the proper spiritual authority, requires a title of ordination

the bank becomes the agent of the payee or obligee to receive payment. The agency extends no further, and without special authority an agent can only receive payment of the debt du

the better doctrine is, where the common law prevails, that the agency of the collecting bank is brought to an end by the collection of the paper, the bank from then on being in th

Collective bargaining is a continuing process. Among other things, it involves day-to-day adjustments in the contract and other working rules, resolution of new problems not covere

It is more than a contract; it is a generalized code to govern a myriad of cases which the draftsmen cannot wholly anticipate

He did not receive them as a bailee, but as a collecting officer. He is liable for them on his bond, and not on any original bailment or lending.

it may be assumed as the settled doctrine of the law, that where money is illegally demanded and received by an agent, he cannot exonerate himself from personal responsibility by p

The power of the collector to detain is confined to a vessel ostensibly bound with a cargo to some other port of the United States. Can a vessel which has actually arrived at her p

There is a confidence placed in the discretion of a Collector, in cases of this kind, which may be abused, but which ought to protect him from loss when there is no reason to belie

The law of congress under which the collector acted is clear and explicit. The collector was bound by law to seize and detain the Union, on her arrival in his district, if, in his

If he seizes any goods, it is at his own peril; and he is condemnable in damages and costs, if it shall turn out, upon the final adjudication, that there was no probable cause for

In a suit for unlawful exaction the liability of a collector is not official but personal.

As is usual in cases of collision, each party makes out a good case by the testimony of the pilot and crew of his own boat. This collision occurred, also, after night; and although

The mere fact that one vessel strikes and damages another, does not of itself make her liable for the injury; the collision must in some degree be occasioned by her fault.

The general rule is, where two vessels meet each other, one propelled by steam and the other by the winds, the steamer must give way, and avoid a collision.

A collusive capture conveys no title to the captors, not because the commission is thereby made void, but because the captors thereby forfeit all title to the prize property.

The owner of a tract of land may convey it in order that the title may be tried in the federal courts, but the conveyance must be made bona fide, so that the prosecution of the sui

any attempt, by a mere colorable dispute, to obtain the opinion of the court upon a question of law which a party desires to know for his own interest or his own purposes, when the

mere unity of interest or difference in its degrees is not enough; there must be an illegal purpose. If the interest was real and the peril which threatened was real or thought to

The title to the decree shows its subject to be 'colonization.' The term colonization implies immigration in numbers. The first section speaks of the subjects of such colonization

Once it is established that the claim is not colorable nor frivolous, the claimant has the right to have the merits of his claim passed on in a plenary suit and not summarily. Of s

a colorable device to enable the transferrers, through the favor and name of the transferee, to invoke a federal jurisdiction which they could not invoke in their own right

If the court found as a fact that the damages were laid in the declaration colorably and beyond a reasonable expectation of recovery, for the purpose of creating jurisdiction, ther

The true and only ground of objection in all these cases is, that the assignor or grantor, as the case may be, is the real party in the suit, and the plaintiff on the record but no

all of the drainage area of the Colorado River system and all other territory within the United States of America to which the waters of the Colorado River system shall be benefici

that portion of the Colorado River and its tributaries within the United States of America.

It must appear that the prosecution has arisen out of the acts done by him under color of federal authority and in enforcement of federal law, and he must by direct averment exclud

Neither an officer nor an agent can properly be said to have acted under color of a law which neither gave him nor any other person authority to do the thing in question, nor can a

Past cases have interpreted the 'color of office' test to require a showing of a 'causal connection' between the charged conduct and asserted official authority. It is enough that

The courts have concurred, it is believed, without an exception, in defining 'color of title' to be that which in appearance is title, but which in reality is no title. They have e

If Ormsby be justly chargeable with fraud, yet if Gregg and wife did not participate in it; if when they received their deeds they had no knowledge of it, there can be no doubt tha

an unlawful combination is not just such as arises from a price maintenance agreement, express or implied; such a combination is also organized if the producer secures adherence to

The improvement of one part of an old combination gives no right to claim that improvement in combination with other old parts which perform no new function in the combination.

Discriminatory privileges and payments given by a carrier to a consignor or consignee are unavailing without more to make out a combination in restraint of trade or commerce within

While a combination of old elements producing a new and useful result will be patentable, yet, where the combination is merely the assembling of old elements producing no new and u

Whether the conspiracy was achieved by agreement, by tacit understanding, or by 'acquiescence * * * coupled with assistance in effectuating its purpose is immaterial.' The conspira

In view of this state of facts the rule is, that if a combination has, as here, three different known parts, and the result is proposed to be accomplished by the union of all the p

combination rates, which are the sum of local rates

the term 'combing wool' refers to wool of longer staple, which goes into another process known as combing for making worsted cloths

Where property has come to rest within a state, being held there at the pleasure of the owner, for disposal or use, so that he may dispose of it either within the state, or for shi

a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that th

Whether the commander of a squadron be liable to individuals for the trespasses of those under his command is a question on which it would be equally incorrect to lay down a genera

An officer may be said to command at a separate post, when he is out of the reach of the orders of the Commander in chief, or of a superior officer, in command in the neighbourhood

An action is 'commenced' for these purposes as a matter of federal law when instituted by service of process issued out of a state court, even if one which itself is unable to proc

The proclamation of intended blockade by the President may therefore be assumed as marking the first of these dates, and the proclamation that the war had closed, as marking the se

the date specified in a statute of limitations as the beginning of the applicable limitations period.

Both Governments could not be understood to exist at the same time. The new Government did not commence until the old Government expired. It is apparent that the Government did not

The certainty that the goods are headed to sea and that the process of exportation has started may normally be best evidenced by the fact that they have been delivered to a common

comment on the refusal to testify is a remnant of the 'inquisitorial system of criminal justice,' which the Fifth Amendment outlaws. It is a penalty imposed by courts for exercisin

trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or othe

comprehending traffic, intercourse, trade, navigation, communication, the transit of persons, and the transmission of messages by telegraph,—indeed, every species on commercial int

intercourse and traffic between their citizens, and includes the transportation of persons and property, and the navigation of public waters for that purpose, as well as the purcha

whenever a commodity has begun to move as an article of trade from one State to another, commerce in that commodity between the States has commenced

Congress are, by the Constitution, vested with the power to regulate commerce with foreign nations; and however, at periods of high excitement, an application of the terms 'to regu

even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic ef

The power conferred is to regulate, and the very terms of the grant would seem to repel the contention that only prohibition of movement in interstate commerce was embraced. And th

The power to regulate commerce is the power 'to prescribe the rule by which commerce is to be governed,' and extends to the prohibition of shipments in such commerce. The power 'is

The power to regulate commerce, includes the power to regulate navigation, as connected with the commerce with foreign nations, and among the states... It does not stop at the mere

Commerce with foreign nations, must signify commerce which in some sense is necessarily connected with these nations, transactions which either immediately, or at some stage of the

The power of Congress to regulate commerce with the Indian tribes is 'as broad and as free from restrictions as that to regulate commerce with foreign nations.' ... The power of Co

commerce with the Indian tribes, means commerce with the individuals composing those tribes.

all passenger carriers formerly certificated by the Civil Aeronautics Board.

property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to commercial and industrial use and subject to a property

banks that receive deposits subject to repayment, lend money, discount and negotiate promissory notes and the like

the 'cluster of products (various kinds of credit) and services (such as checking accounts and trust administration) denoted by the term 'commercial banking' * * * composes a disti

the term 'commercial' was meant to apply to the nature of the business in which the energy is consumed, and not to the specific purpose to which each measurable unit of electricity

All commercial contracts with the subjects or in the territory of the enemy, whether made directly by one in person, or indirectly through an agent, who is neutral, are illegal and

The commercial designation of an article, which designation was known at the time of the passage of a tariff act, is the name by which the article should be classified for the paym

the business which appellant carries on in Minnesota, or directs from its offices maintained there, is sufficiently identified with Minnesota to establish a 'commercial domicil' th

The corporation established in West Virginia what has aptly been termed a 'commercial domicile.' It maintains its general business offices at Wheeling and there it keeps its books

Commercial intercourse between the inhabitants of territory in insurrection and those of territory not in insurrection, except under the license of the President, and according to

by a universally recognized principle of public law, commercial intercourse between states at war with each other, is interdicted. It needs no special declaration on the part of th

any loan other than a loan to an individual for personal, family, household, or charitable purposes, including the purchase of retail installment loans or commercial paper, certifi

substantial tonnage being sold in a raw state provides conclusive proof that, when extracted from the mine, the fire clay and shale are in such a state that they are ready for indu

only the degree of uniformity demanded by buyers; 'comparatively small' is not shown to add anything to the claims, for nowhere are we advised what standard is intended for compari

that class of paper which is transferable by indorsement or delivery, and between private parties, is exempt in the hands of innocent holders from inquiry into the circumstances un

the bonds in this case, with interest warrants annexed, are commercial securities, though they are not in the accustomed forms of promissory notes or bills of exchange; that the pa

the denomination of merchandize, subject to the payment of duties, is to be understood in a commercial sense, although it may not be scientifically correct. All laws regulating the

In cases where the question of patentable invention is a close one, such success has weight in tipping the scales of judgment toward patentability. Where, as here, however, inventi

the commercial value of property consists in the expectation of income from it

The term 'commercial warehousing' covers all warehousing practices except those strictly a part of the operation of rail transportation.