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" Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Halaman 311
oleh Alabama. Supreme Court - 1870
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9;Volume 22

United States. Supreme Court - 1824 - 952 halaman
...Judicial power, as contradistinguished from the power of the laws, has 110 existence. Courts are the mere instruments of the law, and can will nothing....when that is discerned, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 halaman
...and to protect the innocent from injury and usurpation.3 the laws, has no existence. Courts are the mere instruments of the law, and can will nothing....when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 halaman
...Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing....when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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Readings Delivered Before the Honourable Society of the Middle Temple, in ...

George Bowyer - 1851 - 218 halaman
...Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing....discerning the course prescribed by law ; and when that is discovered, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose...
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An Appeal to Californians to Immediately Undertake a Peaceful Revolution in ...

William J. Shaw - 1875 - 116 halaman
...will in any case. Judicial power, as contra-distingished from the power of the laws, HAS NO EXISTENCE. Courts are mere instruments of the law, and CAN WILL...when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Buku 6

United States. Supreme Court - 1882 - 798 halaman
...Judicial power, as contradistinguished from the power of the laws, has no existence. Court* are the mere instruments of the law, and can will nothing....when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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The Pacific Reporter, Volume 113

1911 - 1164 halaman
..."Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the me»e instruments of the law, and can will nothing. When...when that is discerned, it is the duty of the court to follow It. Judicial power is never exercised for the purpose of giving effect to the will of the...
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The Pacific Reporter, Volume 116

1911 - 1168 halaman
...capricious. It was said by Chief Justice Marshall in Osborne v. US Bank. 22 IT. S. 738, 6 L. Ed. 204: '•Courts are mere instruments of the law and can...When they are said to exercise a discretion, it is a legal discretion, я discretion to be exercised in discovering the course prescribed by law, and when...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 7

1885 - 892 halaman
...Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are tho mere instruments of the law, and can will nothing....prescribed by law; and, when that is discerned, it is the dut}- of the court to follow it. Judicial power is never exercised for the purpose of giving effect...
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A General Treatise on Statutes: Their Rules of Construction, and the Proper ...

Sir Fortunatus Dwarris - 1885 - 698 halaman
...laws, has no existence. Courts, of themselves, are mere instruments of the law, and of the government, and can will nothing. When they are said to exercise...when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the...
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