 | Abraham Clark Freeman - 1873 - 590 σελίδες
..."discretion" here referred to is not " the power of acting without other control than one's own judgment." " It is not a mental discretion to be exercised ex gratia, but is a legal discretion to be exercised in conformity to law."2 If the power of the court were discretionary,... | |
 | 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 σελίδες
...discretion, but an impartial discretion, guided and controlled in its exercise by fixed legal principles. It is not a mental discretion, to be exercised ex...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... | |
 | 1897 - 1148 σελίδες
...be liberally construed, with a view to effect its objects and to promote justice." Code Civ. Proc. g 4. In Bailey v. Taaffe, 29 Cal. 424, cited by respondent...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... | |
 | 1914 - 1230 σελίδες
...Root v. Blngham, 26 SD 118, 128 NW 132. The term "discretion," as used in this connection, denotes "a legal discretion to be exercised in conformity...discretion has no office to perform, and its exercise is limited to doubtful cases, where an impartial mind hesitates." Bailey v. Taaffe, 29 Gal. 423. See,... | |
 | 1920 - 1148 σελίδες
...nu impartial discretion, guided and controlled in its ex(185 P.) ercise by fixed legal principles. It is not a mental discretion, to be exercised ex...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... | |
 | 1892 - 1150 σελίδες
...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 σελίδες
...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 σελίδες
...discretion, but «n impartial discretion, guided and controlled in 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'wltli the spirit of the law, and in a manner to subserve, and not to impede or defeat, the... | |
 | 1886 - 896 σελίδες
...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 σελίδες
...discretion, but an impartial discretion, guided and controlled in Its exercise by fixed legal principles. It is not a mental discretion, to be exercised ex...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... | |
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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. 
