 | William J. Shaw - 1875 - 116 halaman
...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 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... | |
 | United States. Supreme Court - 1882 - 798 halaman
...much bound to give it that construction as if the exemption had been established in express terms. 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 they are said to exercise a... | |
 | 1911 - 1164 halaman
...Chief Justice Marshall, In the case of Osborn v. United States Bank, 22 US 866, 6 L. Ed. 204, said: "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 they are said to exercise a discretion, it... | |
 | 1911 - 1168 halaman
...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 will nothing. When they are said to exercise a discretion, it is a legal discretion, я discretion to be exercised in discovering the course prescribed... | |
 | 1885 - 892 halaman
...much bound to give it that construction as if the exemption had been established in express terms. 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. When they are said to exercise a discretion,... | |
 | Sir Fortunatus Dwarris - 1885 - 698 halaman
...be directed and controlled for the security of the agents who are called upon to execute the act. " Judicial power, as contradistinguished from the power of the laws, has no existence. Courts, of themselves, are mere instruments of the law, and of the government, and can will nothing. When they... | |
 | 1894 - 1154 halaman
...legislature,— that Is, to the will of the law." Hawes, Juris. § 4. "And, when courts 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 it is discovered, it is the duty of the court... | |
 | 1897 - 1164 halaman
...administering tfie law of divorce, lest Its spirit be disobeyed by a too narrow adherence to Its letter. "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... | |
 | Horace Mann - 1891 - 594 halaman
...decider will be sure to impress his own moral linea1 " The judicial department has no will in any case. Judicial power, as contradistinguished from the power...has no existence. Courts are the mere instruments of law and can will nothing. . . . Judicial power is never exercised for the purpose of giving effect... | |
 | Burke Aaron Hinsdale - 1891 - 500 halaman
...judicial power has no will in any case. Judicial power as contra-distinguished from the power of the law has no existence; courts are the mere instruments of the law, and can will nothing. " 511. CLASSES OF CASES. — The Constitution now proceeds to classify the cases to which the judicial... | |
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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 they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised... 
