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" But discretion, 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. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Seite 398
von Nicholas Hill - 1883
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Band 4

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...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Band 4

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...
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Commentaries on the Laws of England, Band 1

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...
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The Justice of the Peace and Parish Officer, Band 3

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 — "...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 76

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.,...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

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....
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The Justice of the Peace for Ireland: Comprising the Practice in Indictable ...

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...
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A Practical Treatise on the Power to Sell Land for the Non-payment of Taxes ...

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...
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Practice Reports in the Supreme Court and Court of Appeals, Band 28

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...
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Reports of Cases Adjudged in the Court of Error and Appeal [1846-1866], Band 1

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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