| Great Britain. Court of King's Bench, James Burrow - 1812 - 650 Seiten
...discretion, when applied to a Court of justice, means sound discretion guidedby law. Itmust begpvern1770. ed by rule, not by humour: it must not be arbitrary, vague, and fanciful; but legal and regular. REX This defendant was not present, when convicted. He V- afterwards withdrew from justice, and was... | |
| Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821 - 608 Seiten
...to a court of justice, it means a sound discretion guided by law ; it must be governed by rule and not by humour ; it must not be arbitrary, vague and fanciful, but legal and regular. Rex v. Wilkcs, 3 Burr. 2539. VOL. IV.— L 1 1818. Principles of decisions adopted by equity, when... | |
| William Blackstone - 1827 - 916 Seiten
...faithful discharge of their duty. Upon this discretionary power, it was observed by lord Mansfield, that a discretion, when applied to a court of justice, means...by rule, not by humour ; it must not be arbitrary, vaeue, and fanciful ; but legal and regular. Rex. v. \Villis. 4 Burr. ¿ЛЗЭ ; and again, per lord... | |
| Richard Burn - 1831 - 972 Seiten
...HowtU'ê St. Tri. 55, (nota). It has been observed, by Lord Mansfield, CJ, that this discretionary power, when applied to a Court of justice, means sound discretion,...arbitrary, vague, and fanciful, but legal and regular. R. v. Willis, 4 Burr. 2.539. And Lord Kenyan said, in the case of WlUon v. Rastall, 4 TR 737 — "... | |
| Georgia. Supreme Court - 1888 - 946 Seiten
...praetors, but, as remarked by Lord Mansfield in R. vs. Wilkes, 2 Burr., 25, 39, is such a " discretion as, when applied to a court of justice, means sound discretion...guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague and fanciful, but legal and regular." In Rooke's case, 5 R.,... | |
| Oliver Lorenzo Barbour - 1862 - 714 Seiten
...circumstances and " act without other control than their own judgment." Lord Mansfield says that " discretion, when applied to a court of justice, means...guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague and fanciful, but legal and regular." (Rex v. Wilkes, 4 Burv.... | |
| Edward Parkyns Levinge - 1862 - 844 Seiten
...usual, the duty is imperative (e). It has been observed by Lord Mansfield that this discretionary power, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule and not by humour ; it must not be arbitrary, vague, and fanciful ; but legal and regular (/). In most... | |
| Robert S. Blackwell - 1864 - 724 Seiten
...decisis, is not an arbitrary one. " Discretion," said Lord Mansfield,2 " when applied to a court of law, means sound discretion, guided by law. It must be governed by rule, not by humor. It must not be arbitrary, vague, and fanciful, but legal and regular." This is the principle... | |
| Nathan Howard (Jr.) - 1865 - 630 Seiten
...law, arbitrary will. In the language of Lord MANSFIELD, " discrePeople ex rel. Lumley agt. Lewis. tion when applied to a court of justice, means sound discretion guided by law; it must be governed by rule, nofc by humor : it must not be arbitrary, vague and fanciful, but legal and regular." The writ will... | |
| Ontario. Court of Error and Appeal, Alexander Grant - 1865 - 544 Seiten
...often exercised by v— - v— -* courts of law, must be a sound discretion, governed by Trule and not by humour ; it must not be arbitrary, vague, and fanciful, but regular, and guided by precedent — a character which it has acquired by having for ages past been... | |
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