Definitions from Case Law

The only subordination of one water user to another is the right of the first appropriator to a sufficiency of water for his necessary uses. That includes the quality as well as th

The express guaranty of prior indorsements means no more than what is implied by every unrestricted indorsement, namely, that the indorsements were effective to give to the holder

where the suit in one Court is commenced prior to the institution of proceedings under attachment in another Court, such proceedings cannot arrest the suit; and the maxim qui prior

He was not the purchaser of a legal title without notice of a secret equity. The rule with regard to purchasers of a mere equity is, Prior in tempore potior in jure.

The invention or discovery relied upon as a defence, must have been complete, and capable of producing the result sought to be accomplished...If the thing were embryotic or inchoat

The well known principle which governs a Court of Chancery, that between merely equitable claimants, each having equal equity with the other, he who hath the precedency in time, ha

It has been the uniform construction of this act, and the similar provision in the sixty-fifty section of the collection act of 1799, that whether in a case of insolvency, death or

A different order is prescribed by the act of 1898, and something more. Labor claims are given priority, and it is provided that debts having priority shall be paid in full. The on

It is true that the defendant was not a party to that proceeding, and that, as a general rule, a judgment binds only the parties and their privies. But it is equally true that a ju

The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsic

an ordinance which, like this one, makes the peaceful enjoyment of freedoms which the Constitution guarantees contingent upon the uncontrolled will of an official—as by requiring a

Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity. We have tolerated such a system only where it oper

Suggestions from another, made during the progress of such experiments, in order that they may be sufficient to defeat a patent subsequently issued, must have embraced the plan of

The pendency of a prior application for discharge is available in abatement as in the nature of a prior suit pending, in accordance with the general rule that the law will not tole

Notice of the time when the person possessed the knowledge or use of the invention is not required by the act; the name of the person, and of his place of residence, and the place

given Congress' failure to define the term in the text of the exhaustion provision.

any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law ..."); see also " Agye

any order, including a temporary restraining order or preliminary injunctive relief, that has the purpose or effect of reducing or limiting the prison population, or that directs t

Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident be

[The argument is] that this law... is a private act, not designed for public purposes, and consequently cannot affect the rights of any individual who did not assent to its provisi

When a plaintiff brings an action under [Title II of the Civil Rights Act of 1964], he cannot recover damages. If he obtains an injunction, he does so not for himself alone but als

A purported private carrier who hires the instrumentalities of transportation from another must — if he is not to utilize a licensed carrier — assume in significant measure the cha

He does not undertake to carry for the public and does not devote his property to any public use. He has done nothing to give rise to a duty to carry for others. The public is not

any person not included in the terms 'common carrier by motor vehicle' or 'contract carrier by motor vehicle,' who or which transports in interstate or foreign commerce by motor ve

In the rendition of these services for the plaintiff, the defendants were simply private carriers for hire. As such carriers, having only a construction train, they were not under

cars owned (or leased) by some shipper (or subject to the control of a particular person not a rail carrier) who delivers them to the railroad for placement at designated mines for

Lake Nixon is not a private club. It is simply a business operated for a profit with none of the attributes of self-government and member-ownership traditionally associated with pr

it is a general maxim of the law of nations, 'that although a private compact with an enemy may be prejudicial to a state in some degree, yet if it tends to avoid a greater evil, i

the action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States. That Amendment erects no shield against me

Private conveyance suggests a vehicle belonging to a private individual.

Upon the face of the record, the action arises ex delicto; and all private criminal injuries or wrongs, as well as all public crimes, are buried with the offender.

this society is to be considered as a private eleemosynary corporation, although it was created by a charter from the crown, for the administration of a public charity. The endowme

A privateer is not authorized to capture every vessel found on the high sea: She is commissioned to capture only such ships as are the property of the enemy. Every ship indeed may,

as there exists no distinction, that we know of, between a privateer and letter of marque but what results from their equipments and habits.

one transporting property sold or to be sold by him in furtherance of any private commercial enterprise.

Ownership of a private stream wholly upon the lands of an individual is conceivable; but that the running water in a great navigable stream is capable of private ownership is incon

The difference between a public and a private pier under the tariffs is whether the railroads have control of the areas directly or through their agents, or whether the shipper or

Ownership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circum

the liability of one individual to another under the law as defined," "id.," at 51, 52 S.Ct., at 292, in contrast to cases that "arise between the Government and persons subject to

A private right of way is an easement and is land.

in case of public nuisance, where a bill is filed by a private person, asking for relief by way of prevention, the plaintiff cannot maintain a stand in a court of equity; unless he

It would be a perversion of language, considering the sense in which it is used in the statute, to say that a man was engaged in the transportation of water whenever he pumped a pa

It contains the essential idea of a peculiar benefit or advantage, of a special exemption from a burden falling upon others.

The privilege belongs to the Government and must be asserted by it; it can neither be claimed nor waived by a private party. It is not to be lightly invoked. There must be formal c

The constitutional privilege against self-incrimination is essentially a personal one, applying only to natural individuals. It grows out of the high sentiment and regard of our ju

The constitutional privilege relates to the adjective law. It does not relieve one from compliance with the substantive obligation to surrender property.

The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, w

The so-called privileged vessel has no absolute right to keep her course and speed regardless of the danger involved in that action. Her right to maintain her privilege ends when t

The privilege fee is an excise tax, not upon the right to be a corporation, but upon the activities of the corporation in the exercise of its corporate franchise, or, as it is some

The privilege which is asserted here is the privilege of the court, rather than of the defendant. It is founded in the necessities of the judicial administration, which would be of

a state tax upon a corporation doing only an interstate business may be invalid under our decisions because levied (1) upon the privilege of doing interstate business within the st

They delegated to the United States the exclusive power to tax the privilege to engage in interstate commerce when they gave Congress the power 'To regulate Commerce with foreign N

The privilege of silence is solely for the benefit of the witness and is deemed waived unless invoked.

The privilege of use is only one attribute, among many, of the bundle of privileges that make up property or ownership.

Privilege of voting is not derived from the United States, but is conferred by the state and, save as restrained by the Fifteenth and Nineteenth Amendments and other provisions of

the distinction has long been taken between a privilege or franchise granted by the government to a private corporation in order to effect some governmental purpose, and the proper

It was undoubtedly the object of the clause in question to place the citizens of each State upon the same footing with citizens of other States, so far as the advantages resulting

The primary purpose of this clause, like the clauses between which it is located—those relating to full faith and credit and to interstate extradition of fugitives from justice—was

those rights and privileges which, under the laws and Constitution of the United States, are incident to citizenship of the United States, but does not include rights pertaining to

A corporation does not possess the privileges and immunities of a citizen of the United States within the meaning of the Constitution.

the privileges and immunities clause protects all citizens against abridgement by states of rights of national citizenship as distinct from the fundamental or natural rights inhere

such delayed service constitutes the furnishing of additional 'privileges or facilities' under §6(7) of the Interstate Commerce Act

Respondent is not taxed upon the privilege of engaging in interstate commerce... in Ozark Pipe Line Corporation v. Monier, the tax was held to be bad as one imposed 'upon the privi

mutual or successive relationship to the same rights of property.

By the express provisions of the law, it is not the fact of privy examination merely, but the recording of the fact, which makes the deed effectual to pass the estate of a feme cov

Susan, the child, was a privy in blood to the mother, (being her heir, if free,) and as such heir, comes within the rule laid down in Davis v. Wood

Prize is generally used as a technical term to express a legal capture; and Congress having adopted it in framing of the ordinance, the general sense or acceptation of it must dete

in ordinary use the words 'prizes and capture' refer, doubtless, to captures on water as maritime prize; but in the section under consideration here they plainly refer to property

The fact of capture determines the jurisdiction, and not the filing of a libel. When captured as prize of war the property is in the custody of the law, and remains there to await

It is the established rule in courts of prize, that the evidence to acquit or condemn must, in the first instance, come from the papers and crew of the captured ship. On this accou

The general rule is undeniable, that the trial of captures made on the high seas, jure belli, by a duly commissioned vessel of war, whether from an enemy or a neutral, belongs excl

Every thing that issues from a hostile country is, prima facie, the property of the enemy; and it is incumbent upon the claimant to support the negative of the proposition. But if

The legality of a capture is open for question and examination, till a competent jurisdiction has decided the question, and a decree passes for condemnation as prize; then, and not

By the general law of prize, property engaged in an illegal intercourse with the enemy, is deemed enemy property. It is of no consequence whether it belong to an ally or to a citiz

the facts and circumstances within their [the arresting officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a ma

the magistrate must be informed of some of the underlying circumstances from which the informant concluded that the narcotics were where he claimed they were, and some of the under

There is a large difference between the two things to be proved (guilt and probable cause) * * * and therefore a like difference in the quanta and modes of proof required to establ

By the common law, the exclusive right to entertain jurisdiction over wills of personal estate, belongs to the ecclesiastical Courts; and before any testamentary paper of personalt

The jurisdiction of the Courts of Probate appears to be confined to cases which seek a settlement and an accounting for effects presumed to be in the possession of the representati

So far as the assets in Georgia are concerned the Georgia judgment of probate is in rem; so far as it affects personalty beyond the state, it is in personam and can bind only parti

a federal court has no jurisdiction to probate a will or administer an estate, the reason being that the equity jurisdiction conferred by the Judiciary Act of 1789, 1 Stat. 73, and

Probation is the attempted saving of a man who has taken one wrong step, and whom the judge thinks to be a brand who can be plucked from the burning at the time of the imposition o

Once it is determined, as we have, that the parties are obligated to submit the subject matter of a dispute to arbitration, 'procedural' questions which grow out of the dispute and

When the rate-making agency of the state gives a fair hearing, receives and considers the competent evidence that is offered, affords opportunity through evidence and argument to c

a determination of guilt or innocence by the jury, an advisory sentence by the jury, and an actual sentence imposed by the trial judge.

the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them

must be taken to mean the procedure that would have been followed if the election had been held on that date

to move forward, generally with the distinctive connotation of moving forward from a particular point.

the regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment.

The proceeding, then, upon the petition and affidavit, was in reality a proceeding in abatement, and not in bar of the plaintiff's debt or right of recovery.

An order of the bankruptcy court vacating a restraining order against prosecution of a suit in a state court is, like a stay order itself, a proceeding in bankruptcy.

The proceeding in rem which is within the exclusive jurisdiction of admiralty is one essentially against the vessel itself as the debtor or offending thing,—in which the vessel is

That term (proceedings) is comprehensive. It includes all steps taken or which may be taken in the state court or by its officers from the institution to the close of the final pro

Such proceedings do not necessarily constitute a cause in admiralty. When instituted for condemnation of property on land, they have relation exclusively to matters which, in their

That term is comprehensive. It includes all steps taken or which may be taken in the state court or by its officers from the institution to the close of the final process. It appli

those matters of an administrative character, including questions between the bankrupt and his creditors, which are presented in the ordinary course of the administration of the ba

proceedings 'in personam,' that is, where the defendant is a person, not a ship or some other instrument of navigation

Whenever the res is seized in admiralty proceedings proper, or in revenue or other proceedings partaking of that character, the property is condemned and sold, and with the distrib

Proceedings legislative in nature are not proceedings in a court, within the meaning of Rev. Stat. § 720, no matter what may be the general or dominant character of the body in whi

Such proceedings are not in rem; they seek only to establish rights; judgments therein do not deal with the property and other distribution; they adjudicate questions which precede