Definitions from Case Law

The natural object of this fidei-commissary substitution is that which is said to be its object,—to secure accretion among the shares.

A director is a fiduciary. So is a dominant or controlling stockholder or group of stockholders. Their powers are powers in trust. Their dealings with the corporation are subjected

The statute 'speaks of technical trusts, and not those which the law implies from the contract.' The scope of the exception was to be limited accordingly.

It is not enough for one occupying a confidential relation to another, who is shown to have secretly received a benefit from the opposite party, to say, 'You cannot show any fraud,

Promoters of a corporation stand in a fiduciary relation to it to this extent at least, that they will be chargeable as trustees if they deal with it unconscionably or oppressively

Patent owners may grant licenses extending to all uses or limited to use in a defined field.

The test, therefore, is whether the matter on which the State asserts the right to act is in any way regulated by the Federal Act. If it is, the federal scheme prevails though it i

The ordinary writ of fieri facias is the authority of the sheriff to levy on property and sell it

The Amendment does not take away from the state governments in a general sense the power over suffrage which has belonged to those governments from the beginning... But it is equal

a limitation only upon the powers of the General Government, and is not directed against the action of individuals

the immunity provided by the 5th Amendment against self-incrimination is personal to the witness himself, and ... he cannot set up the privilege of another person or of a corporati

This amendment is not obligatory upon the governments of the several states or their judicial establishments, and regulates the procedure of the Federal courts only.

the insulting or 'fighting' words—those which by their very utterance inflict injury or tend to incite an immediate breach of the peace

to deliver to the City Secretary for safekeeping as a public record of the City of Dallas.

oral as well as written complaints within its scope.

It is essential to the maintenance of uniform rates and the avoidance of rebates and preferential treatment that the tariff rates filed with the Commission according to the interst

But so long as the tariff rate, based on value, remained operative, it was binding upon the shipper and carrier alike, and was to be enforced by the courts in fixing the rights and

Where an inventor, seeking a broad claim which is rejected, in which rejection he acquiesces, substitutes therefor a narrower claim, he cannot be heard to insist that the construct

The filing of the plea was both an appearance and a defence. The case stood for the time between one term and another with an appearance and a plea. The withdrawal of the plea coul

In the eye of that law, he was filius nullius. He had neither father, mother, nor sister. He could neither take from, nor transmit to, those standing in such relations to him, any

any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compound

any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.

filtering that underblocks, imposes a cost upon each family that uses it, fails to screen outside the home, and lacks precision.

by the amendment Congress added a new class of unmailable matter—the filthy

a case where the judgment of conviction was rendered, the availability of appeal exhausted, and the time for petition for certiorari had elapsed before our decision in Batson.

administrative orders are not reviewable unless and until they impose an obligation, deny a right or fix some legal relationship as a consummation of the administrative process.

A 'final decision' generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.

the same thing as "final judgments and decrees," as used in former acts regulating appellate jurisdiction.

In no sense was this a final decree on which an appeal could be sustained. It is, in effect, the same as ordering an execution on a judgment at law, which had been affirmed on erro

The final decree following a pro confesso order is only such a decree as would be authorized by the state of the pleadings when the order was entered.

The final determination of a suit is the end of litigation therein. This cannot be said to have arrived as long as an appeal is pending.

It was settled under section 709, Rev. Stat. (section 237, Judicial Code), that the finality contemplated was to be determined by the face of the record and the formal character of

Findings of a contractually designated agent, even where employed by one of the parties, are conclusive, unless impeached on the ground of fraud, or such gross mistake as necessari

his decision of such questions is final and conclusive and not subject to judicial review, at least unless the decision is wholly unsupported by the evidence, or is wholly dependen

the relevant considerations in determining finality are whether the process of administrative decisionmaking has reached a stage where judicial review will not disrupt the orderly

An award is regarded as final, when it is an absolute conclusive adjudication of the matters in dispute; and there is no reason to doubt the conclusiveness of the adjudication in t

in civil cases at law, the judgment of the circuit court is final, where the case is removed by writ of error, from the district court to the circuit court.

It is alike indisputable that if a court-martial has jurisdiction to try an officer or soldier for a crime, its judgment will be accorded the finality and conclusiveness as to the

the test of finality for the purposes of review by this court by appeal is the face of the decree appealed from... Such a decree, being interlocutory, is not final for the purposes

No principle is better settled, or of more universal application, than that no court can reverse or annul its own final decrees or judgments, for errors of fact or law, after the t

No court can reverse its own final decrees or judgments for errors of fact or law, after the term in which they have been rendered, unless for clerical mistakes, or to reinstate a

In the absence of statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it

A decree is final for the purposes of an appeal to this court when it terminates the litigation between the parties on the merits of the case, and leaves nothing to be done but to

a final judgment for money must, at least, determine, or specify the means for determining, the amount

Final judgment in a criminal case,' the Court has said, 'means sentence. The sentence is the judgment.' ... 'The "sentence is the judgment" phrase has been used by this Court in de

in determining what is a final judgment or decree within the meaning of Section 237 of the Judicial Code, we are not controlled by the designation applied to it in state practice.

The general principle of federal appellate jurisdiction, derived from the common law and enacted by the First Congress, requires that review of nisi prius proceedings await their t

judgments and decrees in cases of admiralty and maritime jurisdiction.

The order of the Court directing process to issue is not such a final order or decree in a case as the Act of 1789 contemplates. It is nothing more than an order of process to carr

the administrative discretion to grant a suspension of deportation has historically been consistently exercised as an integral part of the proceedings which have led to the issuanc

Final process is never issued by this court in the exercise of its appellate jurisdiction, except in cases where a State has once refused to execute the mandate of the court.

The entry by the local land officer issuing the final receipt was in the nature of a judgment in rem, and determined that the Brick Company's original locations were valid, and tha

That which was to be released was 'all claims of any kind or description under or by virtue of said contract.' Manifestly, included within this was every claim arising not merely f

the term 'final settlement' in the Heard Act was not intended to denote payment, but had been used to describe an administrative determination of the amount due upon completion of

all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of cred

not only a bank which is a member of a national reserve system but any other bank.

the obligation to support union activities beyond those germane to collective bargaining, contract administration, and grievance adjustment.

(A) a Federal reserve bank, or an entity that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, federally-insured credit union,

by which the District can further eliminate or reduce inefficiency and, contrary to the Master's suggestion, we believe that the burden is on Colorado to do so.

financial or mercantile' activity was intended to describe conduct of the ordinary private commercial character usually associated with those terms

A finding of equivalence is a determination of fact.

The finding of issues in fact by the court upon the evidence is altogether unknown to a common-law court, and cannot be recognised as a judicial act. Such questions are exclusively

We think that refers to one which, after full hearing, determined and prescribed a rate thereafter to be observed.

A finding without evidence is arbitrary and baseless. A finding without evidence is beyond the power of the Commission. An order based thereon is contrary to law, and must be set a

a forfeiture or penalty recoverable in a civil action.

closed or stopped off square, is manifest, for several reasons.

any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling

these policies are not insurances of the specific things (goods) mentioned to be insured; nor do such insurances attach to the realty, or in any manner go with the same, as inciden

an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and r

Section 203(a)(7) requires that 'physical presence in the United States (be) a consequence of an alien's flight in search of refuge,' and further that 'the physical presence must b

The First Amendment's protection of association prohibits a State from excluding a person from a profession or punishing him solely because he is a member of a particular political

the First Amendment's basic guarantee is of freedom to advocate ideas

The First and Fourteenth Amendments safeguard the rights of free speech and assembly by limitations on state action, not on action by the owner of private property used nondiscrimi

the killing of a human in prescribed situations, including where the offender, with specific intent to kill or to inflict great bodily harm, takes another's life while perpetrating

the first use in the United States, in the manufacture or production of an article intended for sale, of the article with respect to which the tax is imposed, but does not include

That a prior indorser is, in the regular course of business, liable to his indorsee, although that indorsee may have afterwards indorsed the same note, is unquestionable. When he t

When shares of stock in a corporation are sold from lots purchased at different dates and at different prices and the identity of the lots can not be determined, the stock sold sha

Judson had the earliest assignment of part of the amount declared to be due to Williams … and the claim assigned being a right depending on an equity against the government of Mexi

one is not the first inventor if, as was the case here, somebody else has made a complete and adequate description of the thing claimed before the earliest moment to which the alle

and only mean, patented " before application." (3) Such a method of ascei taining the intent designed to be expressed by the language of § 25 of the act of 1870 is in accordance wi

First return' thus means a return for the first year in which the taxpayer exercises the privilege of fixing its capital stock value for tax purposes, and includes a timely amended

any sale by a pipeline or distributor which is comprised of production volumes from identifiable wells, properties, or reservoirs if a portion of those volumes is produced from wel

The right to vend is exhausted by a single, unconditional sale, the article sold being thereby carried outside the monopoly of the patent law and rendered free of every restriction

The liens were, consequently, co-ordinate or equal; and, in such cases, the tribunal which first acquires possession of the property, by the seizure of its officer, may dispose of

if one transaction is to be characterized as a 'first step' there must be a binding commitment to take the later steps

an accounting period of twelve months ending on the last day of any month other than December.

the heads, viscera, and other parts of fish taken off in preparing for canning or preserving.

a charge of criminal conduct, no matter how remote in time or place, can never be irrelevant to an official's or a candidate's fitness for office for purposes of application of the

the forfeiture is incurred, either by fitting out, or, in other words, preparing a vessel, within the United States; or, by causing a vessel to sail from the United States for the

the statutory offence is completed when the preparations for the voyage have reached a stage which shows satisfactorily that the purpose of the fitting and equipment was such as is

family-preference categories-with annual limits on the number of visas that may be issued within each category.

The offence consists principally in the intention with which the preparations were made. These preparations, according to the very terms of the act, must be made within the limits

It includes a 'fixed liability' evidenced by a judgment ex delicto as well as by a judgment ex contractu, and makes the one as well as the other a provable 'debt.' There is nothing

The agreement must expressly specify or 'fix' a sum certain or percentage of the payment for child support before any of the payment is excluded from the wife's income. The statuto

the rolling stock owned by it, and used and employed in connection with the road, is made a fixture by an express statute of the State of Wisconsin, and such, we think, is the law

The doctrine concerning this class of fixtures, which is a strong innovation upon the common law rule that all buildings become a part of the freehold as soon as they are placed up

The general rule of the common law certainly is, that whatever is once annexed to the freehold becomes part of it, and cannot afterwards be removed, except by him who is entitled t

To every true American the flag is the symbol of the nation's power,—the emblem of freedom in its truest, best sense. It is not extravagant to say that to all lovers of the country

any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.