 | Great Britain. Court of King's Bench, James Burrow - 1812 - 650 pages
...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 pages
...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... | |
 | Richard Burn - 1831 - 972 pages
...Court of justice, means sound discretion, guided by law. It must be governed by rule, not by humour; it must not be 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 pages
...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...arbitrary, vague and fanciful, but legal and regular." In Rooke's case, 5 R., 99(b), it is said: "And notwithstanding the words of the commission give authority... | |
 | Oliver Lorenzo Barbour - 1862 - 714 pages
...than their own judgment." Lord Mansfield says that " discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed...arbitrary, vague and fanciful, but legal and regular." (Rex v. Wilkes, 4 Burv. Rep. 2539.) A definition which leaves but little room for the exercise of judgment,... | |
 | Edward Parkyns Levinge - 1862 - 844 pages
...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 cases a JP is imperatively called upon to act ; and generally where the statute directs... | |
 | Robert S. Blackwell - 1864 - 724 pages
...judgment in one case and not in others. This is a doctrine to which our courts are not accustomed." ' The discretion of judges in the application of the...it, and it has been acquiesced in for a length of time.8 And in mere matters of practice, where propriety and utility are regarded more than the certainty... | |
 | Nathan Howard (Jr.) - 1865 - 630 pages
...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 always be awarded as matter of right, upon proper case shown (see 2 John. Cases, 2d ed.... | |
 | United States. Congress - 1868 - 548 pages
...acts not without rule to guide it. The discretion to which such motions are addressed must be iMrected by law — "it must be governed by rule, not by humor...arbitrary, vague, and fanciful, but legal and regular." And I therefore deny that the application and the statements therein contained do or can convey to... | |
 | Andrew Johnson - 1868 - 774 pages
...rule to guide it. The discretion to which such motions are addressed must be directed by law—"it must be governed by rule, not by humor ; it must not...arbitrary, vague, and fanciful, but legal and regular." And I therefore deny that the application and the statements therein contained do or can convey to... | |
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Discretion, when applied to a court of justice, means sound discretion guided by law : it must be governed by rule, not by humour ; it must not be arbitrary, vague and fanciful, but legal and regular " : per Lord afansfield, in Rex vs. 
