Law Dictionary

The language of § 1406(a) is amply broad enough to authorize the transfer of cases, however wrong the plaintiff may have been in filing his case as to venue, whether the court in w

The 14th Amendment is not to be construed 'as introducing a factitious equality without regard to practical differences that are best met by corresponding differences of treatment.

The 14th Amendment does not prohibit legislation special in character. ... If a class is deemed to present a conspicuous example of what the legislature seeks to prevent, the 14th

Read literally, this language clearly contemplates that a statutory insider might sell enough shares to bring his holdings below 10%, and later—but still within six months—sell add

To come within the legislation a complaint must allege that the defendants did (1) 'conspire or go in disguise on the highway or on the premises of another' (2) 'for the purpose of

The basis of the disqualification is that 'personal bias or prejudice' exists, by reason of which the judge is unable to impartially exercise his functions in the particular case.

§ 1391(d) is properly regarded, not as a venue restriction at all, but rather as a declaration of the long-established rule that suits against aliens are wholly outside the operati

§ 311 neither creates nor defines a substantive liability but provides merely a new procedure by which the Government may collect taxes.

it is plain that as far as the sentence is concerned the original order entered under § 4208(b) is wholly tentative. That section merely provides that commitment of a defendant to

The purposes were severalfold—to override certain kinds of state laws, to provide a remedy where state law was inadequate, 'to provide a federal remedy where the state remedy, thou

The purpose of § 5(2)(f) was not to freeze jobs but to provide compensatory conditions. When there is a collective agreement and the Commission adopts or approves it, the collectiv

Section 57, sub. j, prohibits allowance of a tax penalty against the bankrupt estate only if incurred by the bankrupt before bankruptcy by reason of his own delinquency. After bank

consideration of the applicability of § 5(b) must be limited to a comparison of the two complaints on their face. Obviously suspension of the running of the statute of limitations

Although §67, sub. f, unequivocally declares that the lien shall be deemed null and void, and the property affected by it shall be deemed wholly discharged and released, the sectio

the section is intended for the benefit of creditors of the bankrupt and, therefore, does not avoid liens as against all the world but only as against the trustee and those claimin

Barring exceptional cases, which are specially provided for, the policy of the act is to fix a four months' period in which a creditor cannot obtain an advantage over other credito

§ 7201 includes the offense of willfully attempting to evade or defeat the assessment of a tax as well as the offense of willfully attempting to evade or defeat the payment of a ta

the elements of § 7201 are willfulness; the existence of a tax deficiency; and an affirmative act constituting an evasion or attempted evasion of the tax.

the difference between a mere willful failure to pay a tax (or perform other enumerated actions) when due under § 7203 and a willful attempt to evade or defeat taxes under § 7201 i

§ 7201 is 'the capstone of a system of sanctions which singly or in combination were calculated to induce prompt and forthright fulfillment of every duty under the income tax law a

The object of §7421(a) is to withdraw jurisdiction from the state and federal courts to entertain suits seeking injunctions prohibiting the collection of federal taxes

it is only when the interference with § 7 rights outweighs the business justification for the employer's action that § 8(a)(1) is violated. A violation of § 8(a)(1) alone therefore

Under that section both discrimination and a resulting discouragement of union membership are necessary, but the added element of unlawful intent is also required.

It forbids a union to induce employees to strike against or to refuse to handle goods for their employer when an object is to force him or another person to cease doing business wi

Lat. The letter marked on the ballots by which, among the Romans, the people voted against a proposed law. It was the initial letter of the word "antiquo," I am for the old law. Al

Of the highest qualities. An expression which originated in a practice of underwriters of rating vessels in three classes, —A, B, and C; and these again in ranks numbered. Abbott A

An ancient mode of weighing scales hanging or with hooks fastened to each

To have and to hold.

Conclusions as to use cannot be drawn from abuse.

Lat An officer having charge of acta, public records, registers, journals or minutes; an officer who entered on record the acta or proceedings of a court; a clerk of court; a notar

Lat [from abigere, to drive away.] In the Roman law. A driver away of cattle and other animals; one who drove away cattle from the herd, or smaller animals in numbers, with the mte

A cattle thief.

In Spanish law. Lands, towns, and villages belonging to an abbot, and under his jurisdiction. All lands belonging to ecclesiastical corporations, and as such exempt from taxation.

Disabled; unable to act. AB ANTE (Lat. ante, before). In advance. AB ANTECEDENTE (Lat. antecedens). Beforehand. 5 Maule & S. 110. AB ANTIQUO (Lat.) Of old.

I In the civil law. To alienate; to transfer without reserve.

To transfer interest or title.

In Roman law. The perfect conveyance or transfer of property from one Roman citizen to another. This term gave place to the simple alienatio, which is used in the Digest and Instit

Lat. In the civil law. A great-great-grandfather's sister, (abavi soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, iO, 10, 17. Called, in Brac-ton, abamita magna

To relinquish title or interest; to surrender or give up. See 44 Mass. 257.

stock certificates and undelivered dividends thereon may also be abandoned property subject to the disposition of the domiciliary state of the corporation when the whereabouts of t

a seizure, or capture, call it which we may, if once abandoned, without the influence of superior force, loses all its validity, and becomes a complete nullity. Like the common cas

A party to whom a right or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lord Ellenborough, C. J., 5 Maule & S. 82; Abbott, J.,

by the word 'abandonment,' I understand a yielding, ceding, or giving up; and, in general, it applies to cases, where there has been a great loss, and the assured, resorting to the

contracts.— In insurances the act by which the insured relinquishes to the assurer all the property to the thing insured. No particular form is required for an abandonment, nor nee

In maritime contracts in the civil law, principals are generally held indefinitely responsible for the obligations which their agents have contracted relative to the concern of the

The certificate issues not primarily to protect the railroad, but to protect interstate commerce from undue burdens or discrimination. The Commission by its order removes an obstru

In Civil Law. The relinquisbment of a slave or animal who had committed a trespass to the person injured, in discbarge of the owner's liability for such trespass or injury- Lf this

The relinquishment of an animal or a slave in settlement of liability.

The insurance is but a wager between the parties to it, on the safety of the vessel. By the rule of the contract the ship may be abandoned, and the whole insurance claimed, when th

the master, although the agent of the owner until the loss occurred, became, upon the abandonment, the agent of the underwriters. The law upon this subject is well settled, where t

The law is settled that an abandonment, to be effectual, must be made in reasonable time; but what time is reasonable is a question compounded of fact and law, which has not yet be

The physical alteration of facilities is not a sine qua non restricting the Commission's jurisdiction under § 7(b). A natural-gas company that ceases taking and transporting gas, w

if an inventor makes his discovery public, looks on, and permits others freely to use it, without objection or assertion of claim to the invention, of which the public might take n

Mere forbearance to apply for a patent during the progress of experiments, and until the party has perfected his invention and tested its value by actual practice, affords no just

An inventor may abandon his invention, and surrender or dedicate it to the public. This inchoate right, thus once gone, cannot afterwards be resumed at his pleasure; for, where gif

An actual abandonment of possession by a locator of a mining claim, such as would work an abandonment of any other easement, would terminate all the right of possession which the l

The election, then, by the Kohnyo claimant, filed in the land office June 14, 1898, was an abandonment of the south 700 feet of the Kohnyo claim, which took effect eo instanti.

Discontinuance of operations by the trustee is abandonment of operations by a carrier within the meaning of § 1(18).

No matter by what means an invention may be communicated to the public, before a patent is obtained; any acquiescence in the public use, by the inventor, will be an abandonment of

A patent is not validly issued if the invention 'is proved to have been abandoned.' Abandonment may be evidenced by the express and voluntary declaration of the inventor; it may be

delay in filing an application for not more than two years after an intervening patent or publication does not bar a patent unless the invention 'is proved to have been abandoned

It is the unquestionable right of every inventor to confer gratuitously the benefits of his ingenuity upon the public, and this he may do either by express declaration or by conduc

There can be no doubt but that the revocation of an abandonment before accepted by the underwriters, may be inferred from the conduct of the assured; if his acts and interference w

or ABANDUM. Anything sequestered, proscribed, or abandoned. Abandon, i. e., in bannum res missa, a thing banned or denounced as forfeited or lost; whence to abandon, desert, or for

Anything 6equestered, proscribed or abandoned. Abandon, i. e., in bannum res missa, a thing banned ordenounced as forfeited or lost, whence to abandon, desert or forsake, as lost a

In advance.

In advance.

From ancient time.

Lat. From burning. The word arson is said to be derived ab ardendo; from ardendoy I. e. from burning. 4 Bl. Com. 220. See Arson, Ab aaaaetia BdH lit Injaria. From things to which o

Lat. To detect or discover, and disclose to a magistrate, any secret crime. Leges Canuti, cap. 10.

l, Abuse. In the civil law. Departure from use; immoderate or improper use.

No injury is done by things long acquiesced in. Jenk. Cent. Cas. Introd. viii. AB EPISTOLIS (Lat.) An officer having charge of the correspondence (epistolae) of his superior or sov

{., Abatement. The act of abating, t. Abatare. Debts are abated among creditors when, there being not enough funds to pay them in full, they are paid in part. A freehold is abated

L. Lat. In old English law. An abatement of freehold; an entry upon lands by way of interposition between the dcath of the ancestor and the entry of the heir. Co. Litt. 277a; Yel.

To abate. Yelv. 151.

The possible abatement—partial reduction or annulment—there referred to depended upon the future decision of the Commissioner.

In Chancery Practice. A suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. It differs from an abatement at law in this; that in

dissolution of a corporation at common law abates all litigation in which the corporation is appearing either as plaintiff or defendant

in courts of equity, an abatement of the suit, by the death of a party, has always been held to have a very different effect; for such abatement amounts to a mere suspension, and n

the principle takes the more general form of imputing to Congress an intention to avoid inflicting punishment at a time when it can no longer further any legislative purpose, and w

The removal, prostration or destruction of, that which causes a nuisance, whether by breaking or pulling it down or otherwise removing, disintegrating or effacing it. Ruff v. Phill

Awrongful entry by a stranger on lands of a decedent before the heir or devisee has taken possession. 3 Bl. Comm. 167. See, also, "Amotion;' "Intrusion;" "Disseisin."

The extinction or removal of a nuisance by physical means or by suit. See 50 Ga. 130.

in real and personal actions, the death of either party, before judgment, did at common law abate the suit; and... the 31st section of the Judiciary Act of 1789, c. 20., was necess

While it is true that the duty required concerns the state, the suit is against [the officer] as an individual, and he alone can be punished for the failure to obey an injunction,

There is a material distinction between the death of parties before judgment and after judgment, and while a writ of error is depending. In the former case, all personal actions by

Abatre. L.Fr. To beat down, overthrow, or demolish. Stat. Westm. 1. c. 17. ^t%e Abate. To abate, or quash. // n'est reason de abater le brief; it is no reason for quashing the writ

Lat. Diminished. v. Moneta abatuda. Abatus, fr. Beaten or thrown down; abated; quashed. Thus, mur abatu, a wall thrown down; bois abatu, wood cut or fallen; arbres abatues de vent,

One who abates or destroys a nuisance. One who, having no right of entry, gets the ancestor died, and before the heir or devisee enters. Litt. § 397; Perk. § 383; 2 Prest. Abstr. 2

abbatre, abater, fr. To abate, throw Abatre maison: to raze a house. Abatus down by the wind.

Anything diminished; as, moneta abatuda, which is money clipped or diminished in value. Cowell.

Abatu. L. Fr. [from abater, q. v.] Beaten or thrown down. Bois abatu; wood cut or fallen. Kelham. Abated, quashed. Un briefe fuit abatu. A writ was quashed. Reg. Orig. 97 b, nota.

A great-great-grandmother.

Used for abamita, which see.

A great-great-grandmother's brother. Calvinus, Lex.

A great-great-grandfather, or fourth male ascendant.

The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric' is to a bishop. Cowell.

Fr. Abeyance. See Abeyance.

In criminal law. The form or ceremony of calling a prisoner to the bar, and (in treason or felony) making him hold up his hand, or otherwise own himself to be the party charged; re

Arrainare. L. Lat. To arraign; to conduct in an orderly manner; to prosecute, institute or bring. Assisam arrainare; to bring an assise, (an action so called.) In assisa quam idem