 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 페이지
...its exercise by fixed legal principles. It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity...impede or defeat, the ends of substantial justice." 1 Freem. Judgm. §§ 106, 114; 3 Estee, PI. & Prac. § 4802; FidweUer v. Mining Co., 83 Cal. 126; Wolff... | |
 | California. Supreme Court - 1882 - 796 페이지
...but an impartial discretion, guided and controlled in its exercise by fixed legal principles. * * * In a plain case, this discretion has no office to...impartial mind hesitates." (Bailey v. Taaffe, 29 Cal. 424.) Daingwfield & Olney, for Respondents. We assume as axioms, that Courts should perform their duties,... | |
 | 1914 - 1230 페이지
...all the circumstances being considered. Murray v. Buell, 74 Wis. 14, 41 N. W. 1010 ; Root v. Blngham, 26 SD 118, 128 NW 132. The term "discretion," as used...an impartial mind hesitates." Bailey v. Taaffe, 29 Gal. 423. See, also, Jensen v. Barbour, 12 Mont. 566, 31 Рас. 592, where the foregoing definition... | |
 | 1920 - 1148 페이지
...P.) ercise by fixed legal principles. It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity...impede or defeat the ends of substantial justice." And where it clearly appears to an appellate court upon the facts of the particular case that the court... | |
 | 1897 - 1148 페이지
...of discretion," the court also said: "It is not a mental discretion to be exercised ex gratia, but a legal discretion to be exercised In conformity with...to subserve and not to impede or defeat the ends of substantial-justice. In a plain case this discretion has no office to perform, and its exercise is... | |
 | 1892 - 1150 페이지
...upon such questions, and which discretion is never capricious, arbitrary, or unjust, but is always "exercised In conformity with the spirit of the law,...impede or defeat, the ends of substantial Justice." Bailey v. Taaffe, 20 Cal. 424. Whatever cause may have existed for a divorce in this case, or however... | |
 | 1898 - 1134 페이지
...of is '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... | |
 | 1892 - 1156 페이지
...discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity'wltli the spirit of the law, and in a manner to subserve, and not to impede or defeat, the end« of substantial justice. In a plain case this discretion has no office to perform, and its exercise... | |
 | 1886 - 896 페이지
...continuance of the old motion: Butler v. Mitchell, 17 Wis. 52. See also llowdl v. Uamll, 71 N. C. 161. ipirit of the law, and in a manner to subserve, and not to...substantial justice. In a plain case this discretion lias no office to perform, and its exercise is limited to doubtful cases where an impartial miud hesitates.... | |
 | 1911 - 1338 페이지
...Its exercise by fixed legal principles. It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised In conformity...spirit of the law, and in a manner to subserve, and not impede or defeat, the ends of substantial justice. We do not wish to be understood as holding any views... | |
| |
It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice. 
