...abuse of discretion," the court also said: "It is not a mental discretion to be exercised expratia, but a legal discretion to be exercised in conformity...impede or defeat, the ends of substantial justice. In a plain case this discretion 3S2 has no office to perform, and its exercise is limited to doubtful...

...of is c an impartial discretion, guided and controlled in its execution by fixed legal principles'; 'a legal discretion, to be exercised in conformity...of the law, and in a manner to subserve, and not to defeat, the ends of substantial justice'; and for a manifest abuse thereof it is reviewable by an appellate...

...of is an "impartial discretion, guided •and controlled in its exercise by fixed legal principles"; "a legal discretion to be exercised in conformity...of the law, and in a manner to subserve and not to defeat the ends of substantial justice," and for a manifest abuse thereof it is reviewable by an appellate...

...City of Chicago v. Adams, 24 1ll. 492. It is true this discretion is not an arbitrary one, but must be exercised in conformity with the spirit of the law, and in accordance with the rules established in reference thereto : Thompson v. Connell, 31 Or. 231 [65 Am....

...& C. Comp. g 108, in allowing an answer or reply to be filed after the time limited by the Code, is a legal discretion, to be exercised in conformity...of the law and in a manner to subserve, and not to defeat, the ends of substantial justice. Mcfariane v. McFariane, 300. EXAMPLE OF ERROR IN DISCRETION....

...discretion must be an impartial one guided and controlled in its exercise by legal fixed principles. It is to be exercised in conformity with the spirit of the...impede or defeat the ends of substantial justice. These rules have been followed by our supreme court ever since. Measured, then, by these general rules,...

...default, is addressed to the discretion of the trial court. It however is not arbitrary, but should be exercised in conformity with the spirit of the law, and in a manner to advance substantial justice. An erroneous exercise thereof is reviewable by this court. Thompson v....

...cause parties to be restored to their original positions in regard to the judgment. The discretion "is not a mental discretion to be exercised ex gratia,...impede or defeat the ends of substantial justice. In a plain case this discretion has no office to perform, and its exercise is limited to doubtful cases...

...regulated by statute, but discretion should be exercised, under the circumstances of 'the particular case, in conformity with the spirit of the law and in a...impede or defeat, the ends of substantial justice. 8 Section 581a of the Code of Civil Procedure does not divest the trial court of discretionary power...

...mistake, surprise, inadvertence, or neglect of his adversary. 5 The discretion of the court ought always to be exercised in conformity with the spirit of the law and in such manner as will subserve rather than defeat the ends of justice. 6 Cal. 483, 39 Pac. &63; Penryn...