Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
It is an ancient and well established principle, that whenever suppressio veri or suggestio falsi occur, and more especially both together, they afford a sufficient ground to set a
the peaceful resolution of disputes over the application or meaning of the collective-bargaining agreement.
As stated above.
See Acceptor supra protest .
Upper riparian; higher up the stream. This term is applied to the estate, rights, or duties of a riparian proprietor whose land is sifuated at a point nearer the source of the stre
Sovereign dominion, authority, and pre-eminence; the highest state. In the United States, the supremacy resides in the people, and is exercised by
ACT OF. See "Act of Supremacy."
OATH OF. In English law. An oath to uphold the supreme power of the kingdom in the person of the reigning sovereign.
Supreme power can dissolve itself. Bac. Max.
The last will.
That which is superior to all other things; as, the supreme power of the state, which is an authority over all others; the supreme court, which is superior to all other courts.
- Supreme Courtdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
“Supreme Court” means the highest appellate court within a State unless, for the purposes of this chapter, a constitutionally or legislatively established judicial council acts in
In American law. An appellate tribunal, and the court of last resort, in the state of Connecticut.
The court formed by the English judicature act of 1873, as modified by the judicature act of 1875, the appellate jurisdiction act of 1876, and the judicature acts of 1877, 1879, an
The court of last resort in the federal judicial system. It is vested by the constitution with original jurisdiction in ali cases affecting ambassadors, public ministers, and consu
In American law. An appellate tribunal, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire. SUPREMUS (Lat.) In the civil law. Last; the last.
the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect
The highest authority in the state. Ruth. Nat. L. b. 2, c. 4, p. 67.
Lat Last; the last
QUEM NEMO SEQUItur. He is last whom no one follows. Dig. 50. 16. 92. SUR (French). Upon. In the titles of real actions, "sur" was used to point out what the writ was founded upon.
He is last whom no one follows. Dig. 50, 16, 92.
Upon.
An undertaking, in the form of acovenant, on the part of the vendor of real estate to do such further acts for the purpose of perfecting the purchaser's title as the latter may rea
A writ formerly granted for freeing and discharging persons from serving on assizes and juries. Fitzh. Nat. Brey. 165. Won possessori incumbit necessitag probandi possessiones ad s
I. fr. In old English law. To supersede; to desist; to surcease.
- Surchargedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
To put more cattle upon a common than the herbage will sustain, or than the party hath a right to do. 3 Bl. Comm. 237. In case of common without stint, it could only happen when in
See Cut Ante Divortium.
A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she had omitted to bring the writ of cui in vtta for the recovery thereof; in which case her
Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3. 8urdus et mutus, a deaf and dumb person.
In French law. A party desirous of repurchasing property at auction before the court, can, by offering one-tenth or one-sixth, according to the case, in addition to the price reali
such sureties, by the act of signing the bond, become voluntary parties to the suit and subject themselves thereby to the decree of the court.
- suretydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
The undertaking of the surety is essentially a pledge to make good the misfeasance or non-feasance of his principal to an amount co-extensive with the penalty of his bond.
The rule that obtains in ordinary cases is that any change in the contract made between the principals without the consent of the surety discharges the obligation of the latter, ev
One who becomes a surety for the performance of the judgment of a court in a pending case is represented by his principal, and is bound by the judgment against his principal within
An association or corporation engaged in the business of offering itself, in consideration of a premium paid, as a surety for the fidelity of persons in positions of trust, or for
Acts authorizing surety companies to be sole surety, or to act in a fiduciary capacity without other security, are not invalid as granting a special or exclusive privilege; Roane I
Any corporation organized for the purpose of carrying on the business of becoming a surety on bonds and undertakings. See 162 Cal. 588, Ann. Cas. 1913D, 712, 123 Pac. 808.
the order imposed no liability upon the auditor's bondsmen, because the moneys received from citizens for street improvements under the permit system were not public moneys in any
It is no doubt a sound and well-settled principle, that sureties are not to be made responsible beyond their contract; and any agreement with the creditor, which varies essentially
Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with,
It is a familiar equity rule applied by the federal courts in liquidation proceedings under federal statutes that a solvent guarantor or surety of an insolvent's obligation will no
An undertaking to anbound as Hhe principal or original debtor is bound. It differs from "guaranty" in this, that suretyship is a primary obligation to see that the debt is paid, wh
The liability or contract of a surety.
the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his
The natural limit of the obligation of a surety is to be found in the obligation of the principal; and when that is extinguished, the surety is in general liberated.
The are, used In surveying. This is a square, the sides of which are of the length of ten m Otres, or what is equal to one hundred square m&tres. Its divisions are the same as in t
When a statute, making a lot-owner liable for damage from his excavating more than nine feet below the "surface of the adjoining lots," is to be applied to a place where there has
“surface coal mining and reclamation operations” means surface mining operations and all activities necessary and incident to the reclamation of such operations after August 3, 197
"surface coal mining operations" means— (A) activities conducted on the surface of lands in connection with a surface coal mine or subject to the requirements of section
The term "surface combatant vessel" means any littoral combat ship (including the LCS–1 and LCS–2 classes), frigate (including the FFG–62 class), destroyer (excluding the
The term “surface leasing transaction” means a residential, business, agricultural, or wind or solar resource lease of land the title to which is held— (A) in trust by the United S
For the purpose of this section the term "surface owner" means the natural person or persons (or corporation, the majority stock of which is held by a person or persons w
The term “surface transportation asset” includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is d
Water which spreads over the surface of the ground, or stands in swamps, or percolates through or under the soil. It has its origin most commonly in rains and melted snow. 84 Wis.
Waters of a casual and vagrant character, which ooze through the soil or diffuse or squander themselves over the surface, following no definite course. Schaefer v. Marthaler, 34 Mi
For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period. / For purposes of this subsection,
the term “surge capacity” means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medic
the term “Surge Capacity Force” refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006.
A surgeon, formerly, was a mere operator, who joined his practice to that of a barber. At the present time the profession has risen into great and deserved eminence, and surgery is
“Surgeon General” means the Surgeon General of the Public Health Service. / The term “Surgeon General” means the Surgeon General of the Public Health Service;
See Physician. Surgical instruments. See BAQOAa Bi
In Ecclesiastical Law. An allegation in a libel. Phill. Ecc. Law 1445. Formerly where a defendant pleaded a local custom it was necessary for him to surmise, that is to suggest, th
A name which is added to the Christian name. In modem times, these have become family names. The family name is that which is continued from parent to child. 149 Iowa 672; 31 L. R.
In English ecclesiastical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc.
The surplus account represents the net assets of a corporation in excess of all liabilities including its capital stock. As used in section 31(b) the term undoubtedly means that pa
- Surplusagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
——In Accounts. A greater disbursement than the charges amount to; a balance over. 1 Lew. 219. In Pleading. Allegations of matter wholly foreign and impertinent to the cause. AH mat
A greater disbursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left. Jacob.
I. Surplusaga Surplusagium non nocet: surplusage does not vitiate.
Surplus-
“Surplus agricultural commodity” means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States, either publi
The term “surplus chimpanzees” has the meaning given that term in subsection (a) of this section. / The term "surplus chimpanzees" has the meaning given that term in subs
The term “surplus computer or technology equipment” means computer or technology equipment that is property described under section 549(b)(2).
See Earnings.
the amount owned by the company over and above its capital and acfuai liabilities. People v. Com'rs of Taxes, 76 N. Y. 74. Defined under Earnings in Black's Law Dictionary.
“Surplus energy” means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor i
See Remnants and surpluses .
The term “surplus lines broker” means an individual, firm, or corporation which is licensed in a State to sell, solicit, or negotiate insurance on properties, risks, or exposures l
For purposes of this section, the term “surplus natural gas” means any natural gas which is determined, by the State agency having regulatory jurisdiction over the intrastate pipel
“Surplus peaking capacity” means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any est
In this subsection, the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40 . / The term “surplus property” means excess
- Surprisedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
In equity practice. The act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a c
- Surrebutterdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In pleading. The plaintiff's answer to the defendant's rebutter. It is governed by the same rules as the replication. See 6 Comyn, Dig. 185; 7 Comyn, Dig. 389.
- Surrejoinderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
In pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rules as the replication. Steph. PI. 77; Archb. Civ. PL 284; 7 Comyn,
- surrenderdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
A surrender of the patent to the Commissioner within the sense of the provision, means an act which, in judgment of law, extinguishes the patent. It is a legal cancellation of it,
A giving up, delivering or making over. Surrender in deed: a surrender by conveyance, as of a life-estate to the remainderman. Surrender in law: a surrender implied in law, as if a
The de Uvery, court having authority to re-commit or rebail him. 220 111. 354.
The act, by bail or sureties in a recognizance, of giving up their principal again into custody.
This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and
One to whom a surrender has been made.
A surrender effected by a deed.
One implied in or presumed by law, as where the lessee, before the expiration of his term, delivered up possession to the lessor who leased the premises to another. See 11 Mass. 49
The surrender by a preferred creditor, to the assignee in bankruptcy, of all that he has received under such preference, as a necessary step, under the bankrupt law, to obtaining a
The yielding of a copyhold into the hands of the lord. The usual method of transferring copyholds was by a surrender of the copyhold to the lord, to the use of the intended transfe
The act by which the public authorities deliver a person accused of a crime, and who is found in their jurisdiction, to the authorities within whose jurisdiction it is alleged the
The fixing of rates which may be charged by public service corporations, of the character here involved, is a legislative function of the state, and while the right to make contrac
The surrender, by contract, of a power of government, though in certain well-defined cases it may be made by legislative authority, is a very grave act, and the surrender itself, a
The power of taxation is never to be regarded as surrendered or bargained away if there is room for rational doubt as to the purpose.
One who makes a surrender; as, when the tenant gives up the estate and cancels his lease before the expiration of the term. One who yields up a freehold estate for the purpose of c
A right of copyholders in some manors to devise their copyholds by surrendering them to the uses of their wills during their lives.
That which is done in a fraudulent, stealthy manner. SURROGATE (Lat. surrogatus, from suhrogcvre, or surrogare, to substitute). In English Law. A deputy or substitute of the chance