Definitions from Case Law

As a general rule, a garnishee is not bound to pay interest, because he is liable to be called on to pay at all times.

any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

Substituted service on a nonresident by publication furnishes no legal basis for a judgment in personam. But garnishment or foreign attachment is a proceeding quasi in rem. The thi

the first taking or the first retaining of possession of such gas for other processing or transmission whether through a pipeline, either common carrier or private, or otherwise af

43 U.S.C. § 666 does not cover consent by the United States to be sued in a private suit to determine its rights against a few claimants

Where the tax is laid generally on all property or all real property within the taxing unit, it does not become arbitrary or discriminatory merely because it is spread over such pr

Authority to make purchases from any persons with whom the agent may choose to deal, or to make an indefinite number of purchases, is a general agency. The distinction between the

The decisions of this court have uniformly been that an appearance cures any defect in the service of process; and there is nothing to distinguish this case from the general doctri

that liability arises not from contract but from participation in the common venture... its extent in the absence of such limiting clauses is, under the admiralty rule, fixed by th

a contribution by all the parties in a sea adventure to make good the loss sustained by one of their number on account of sacrifices voluntarily made of part of the ship or cargo t

The term 'general call price' is used to designate the price at which the issuer may freely and unconditionally redeem all or any portion of the outstanding bonds from its general

It never has been supposed by us, that this section did apply, or was intended to apply, to questions of a more general nature, not at all dependent upon local statutes or local us

where the consignment is made generally, without any specific orders as to the time or mode of sale, and the factor makes advances or incurs liabilities on the footing of such cons

loss of rents is to be reckoned as general, not special, damage. It is one of the factors contributing to and measuring the diminished worth of the security. Damages when general a

There is a general duty to give what testimony one is capable of giving, and that any exemptions which may exist are distinctly exceptional, being so many derogations from a positi

a general and apparently unlimited search, ransacking the desk, safe, filing cases and other parts of the office. It was a lawless invasion of the premises and a general explorator

in the absence of special findings, the general finding of the court is conclusive upon all matters of fact, and prevents any inquiry into the conclusions of law embodied therein,

if a jury is waived and the court chooses to find generally for one side or the other, the losing party has no redress on error, except for the wrongful admission or rejection of e

In the action of ejectment, (with the exception, perhaps, of a plea to the jurisdiction,) any and every defence to the plaintiff's recovery may be given in evidence under the gener

a judgment creates only a general lien, and the judgment creditor acquires thereby no higher or better right to the property or assets of the debtor, than the debtor himself had wh

objections of this character as vague and nugatory, and, if entitled to weight anywhere, certainly as without weight before an appellate court... Upon the offer of testimony oral o

Entries made in a wilderness would most generally refer to some prominent and notorious object which might direct the attention to the neighbourhood in which the land was placed; a

The plea is certainly bad. It amounts to a general plea of performance, when the declaration contains an assignment of a particular breach. This cannot be done. The defendant was b

under the former, the donee may appoint to anyone, including his own estate or his creditors, thus having as full dominion over the property as if he owned it

it is only what is generally said of the witness by his neighbors that constitutes his general reputation

when a wrong has been done, and the law gives a remedy, the compensation shall be equal to the injury. The latter is the standard by which the former is to be measured. The injured

The general rule of official obligation, as imposed by law, is that the officer shall perform the duties of his office honestly, faithfully, and to the best of his ability. In ordi

The precise object of the general savings statute is to prevent the expiration of a temporary statute from cutting off appropriate measures to enforce the expired statute in relati

[The Fourth Amendment's warrant clause] prevents the issue of warrants on loose, vague or doubtful bases of fact. It emphasizes the purpose to protect against all general searches

The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant

where the words are general, the Court are not at liberty to insert limitations not called for by the sense, or the objects, or the mischiefs of the enactment.

Where a general verdict is found by the trial court, it has the same effect as the verdict of a jury. The appellate court cannot pass upon the weight of evidence.

The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant

The line must still be drawn between one welfare and another, between particular and general. Where this shall be placed cannot be known through a formula in advance of the event.

It is an ancient and well-settled rule of construction, that, 'where a deed speaks by general words and afterwards descends to special words, if the special words agree to the gene

The death became the generating source of definite accessions to the survivor's property rights. Although the property here involved was held under a joint tenancy with the right o

any crime Cite as: 599 U. S. ____ (2023) 3 SOTOMAYOR, J., dissenting "having the basic elements of unlawful or unprivileged entry into, or remaining in, a building or structure, wi

a drug designed to be a copy of a reference listed drug (typically a brand name drug), and thus identical in aetive ingredients, safety, and efficacy.

For that is the generic term of the article, which describes it with a fair degree of accuracy; and is the term by which the biscuit in pillow-shaped form is generally known by the

actually having the reputed or apparent qualities or character.

a distance of 1852 meters (6076.10333 U.S. Survey Feet or approximately 6076.11549 International Feet).

no one can apply the name of a district of country to well-known article of commerce, and obtain thereby such an exclusive right to the application as to prevent others inhabiting

It is undoubtedly true that names which are merely geographical cannot be the subject of exclusive appropriation as trademarks. 'Their nature is such that they cannot point to the

The discharge of legal obligations—the payment for services rendered or consideration paid pursuant to a contract—is in no sense a gift. The case would be different if an award wer

The mere fact that the seller knew that he was selling to the maker of the bond as his only available market did not change the sale into a gift. In the absence of proof to the con

The essence of a gift by trust is the abandonment of control over the property put in trust. The separable interests transferred are not gifts to the extent that power remains to r

gifts causa mortis, which are made in anticipation of impending death, are revocable, and are defeated if the donor survives the apprehended peril

A typical 'gift enterprise' differs from this in that it involves the purchase of merchandise or other property; the purchaser receives, in addition to the merchandise or other pro

In its plan and scope the tax is one imposed on transfers at death or made in contemplation of death and is measured by the value at death of the interest which is transferred. One

Payments to Mrs. Pardee by the fiduciary were not necessarily made from income. The charge was upon the estate as a whole; her claim was payable without regard to income received b

Gifts, however, is a generic word of broad connotation, taking coloration from the context of the particular statute in which it may appear. Its plain meaning in its present settin

such gifts are motivated by the same considerations as lead to testamentary dispositions of property, and made as substitutes for such dispositions without awaiting death, when tra

The tax is a primary and personal liability of the donor, is an excise upon his act of making the transfer, is measured by the value of the property passing from the donor, and att

the power to compel the execution of handwriting exemplars.

an obligation to "create" a handwriting exemplar.

separate value that its trade routes may have must therefore result from the contribution to the earning capacity of the business of greater skill in management and more effective

Not infrequently the value of these intangibles will be an aggregate made up of elements too deeply interpenetrated for any specific figure to be set opposite to one of them dissev

Gold certificates under this legislation were required to be issued in denominations of dollars, and called for the payment of dollars. These gold certificates were currency. They

The Gonzales decision, it is evident, turned on the Court's conclusion that the lawsuit was focused on purely internal union matters, i.e., on relations between the individual plai

the time of capture, and not of condemnation.

On fair construction the contract requires that the houses should be fit for the habitation of families. No particular degree or kind of finishing is prescribed; but a building can

a showing that the abortion is in the minor's best interests.

more than merely going through the motions of negotiating; it is inconsistent with a predetermined resolve not to budge from an initial position.

the court must be satisfied that the offer and its acceptance are in good faith and have not been made or procured by forbidden means; that provision manifestly hits at secret adva

the defense of good faith and probable cause, which the Court of Appeals found available to the officers in the common-law action for false arrest and imprisonment, is also availab

Good-faith bargaining necessarily requires that claims made by either bargainer should be honest claims. This is true about an asserted inability to pay an increase in wages. If su

Beyond doubt an applicant for insurance should exercise toward the company the same good faith which may be rightly demanded of it. The relationship demands fair dealing by both pa

This proviso is usually referred to as the 'good faith meeting competition' defense. The seller has the burden of bringing himself within the exculpating provision of § 2(b), which

§ 2(b) does not concern itself with pricing systems or even with all the seller's discriminatory prices to buyers. It speaks only of the seller's 'lower' price and of that only to

One who 'wilfully' or 'in bad faith' trespasses on the land of another, and removes minerals, is liable to the owner for their full value computed as of the time the trespasser con

private titles to riparian lands that under Nebraska law, differing from Iowa law, run to the thread of the contiguous stream.

A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must ha

goods (including ships and marine equipment), wares, products, commodities, merchandise, or articles or subjects of commerce of any character, or any part or ingredient thereof, bu

it is hornbook tort law that one who undertakes to warn the public of danger and thereby induces reliance must perform his 'good Samaritan' task in a careful manner.

property in a very real sense, injury to which, like injury to any other species of property, is a proper subject for legislation; a valuable contributing aid to business—sometimes

The subject is now to be governed, even in the absence of state statute, by the decisions of the appropriate state court. The doctrine applies though the question of construction a

inter alia, "States, counties, municipalities, their instrumentalities and officers, and persons acting under color of state law.

That the Congress chose to call it a corporation does not alter its characteristics so as to make it something other than what it actually is, an agency selected by Government to a

Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to

any constitutional exercise of its delegated powers is governmental... when Congress constitutionally creates a corporation through which the federal government lawfully acts, the

What the city is engaged in doing in that respect is rather rendering a service than selling a commodity. If that service be governmental, it does not become private because a char

immunity in the case of a governmental agency is not presumed

those agencies through which either government immediately and directly exercises its sovereign powers, are immune from the taxing power of the other

Our decisions distinguish between a nondiscriminatory tax upon the property of an agent of government and one which imposes a direct burden upon the exertion of governmental powers

Government in our democracy, state and national, must be neutral in matters of religious theory, doctrine, and practice. It may not be hostile to any religion or to the advocacy of

removal, or short-term cleanup, and remedial action, or measures to achieve a permanent remedy to a particular hazardous waste problem.

The government, purely as contractor, in the absence of special laws, may stand like a private person; but, by making a contract, it does not give up its power to make a law.

The government has, with respect to its own lands, the rights of an ordinary proprietor to maintain its possession and to prosecute trespassers. It may deal with such lands precise

A government contract from its nature is necessarily limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, a

if this authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of th

The reserve power on the part of the government to discontinue the contract which is here in question found its place in the proposal and contract in consequence of the postal regu

a corporation owned or controlled by the Government of the United States," §103; and an " 'independent establishment' means" "an establishment in the executive branch," with except

The debts due from the government of the United States have no locality at the seat of government. The United States, in their sovereign capacity, have no particular place of domic

Such a government, in its highest degree, assumes a character very closely resembling that of a lawful government. This is when the usurping government expels the regular authoriti

the United States is neither bound nor estopped by acts of its officers or agents in entering into an arrangement or agreement to do or cause to be done what the law does not sanct

Governments are not liable for unauthorized wrongs inflicted on the citizen by their officers, though occurring while engaged in the discharge of official duties. Congress has wise

the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of an

The general principle which we have already stated as applicable to all governments, forbids, on a policy imposed by necessity, that they should hold themselves liable for unauthor

It is better that an individual should now and then suffer by such mistakes, than to introduce a rule against an abuse, of which, by improper collusions, it would by very difficult

The United States is neither bound nor estopped by acts of its officers or agents in entering into an arrangement or agreement to do or cause to be done what the law does not sanct