 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.  The Pacific Reporter - Сторінка 791914Повний перегляд - Докладніше про цю книгу
 | 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 стор.
...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 стор.
...but an impartial discretion, guided and controlled in its exercise by fixed legal principles. * * * In a plain case, this discretion has no office to...an impartial mind hesitates." (Bailey v. Taaffe, 29 Cal. 424.) Daingwfield & Olney, for Respondents. We assume as axioms, that Courts should perform their... | |
 | 1886 - 896 стор.
...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 стор.
...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... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1916 - 776 стор.
...excusable neglect. The discretion accorded to the trial court by virtue of this section of the Code is a legal discretion to be exercised in conformity with...spirit of the law and in a manner to subserve and not defeat the ends of justice: ffowthorn v. Oliver, 32 Or. 57 (51 Pac. 440, 67 Am. St. Rep. 518) ; McFarlane... | |
 | Henry Campbell Black - 1891 - 690 стор.
...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...doubtful cases, where an impartial mind hesitates. If it be *" Weaver v. Leach, 26 Eans. 179. entered on warrants of attorney baa al"1 Eldred v. Hazlett,... | |
 | Nevada. Supreme Court - 1893 - 616 стор.
...its exercise by fixed legal principles. It is not a mental discretion, to be exercised ex yralia, but a legal discretion to be exercised in conformity with...and not to impede or defeat the ends of substantial jusOpinion of the Court — Bigclow, J. tice. In a plain case this discretion has 1i0 office to perform,... | |
 | California. Supreme Court - 1897 - 824 стор.
...resolved in favor of the application; nor is the discretion a mental one, 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 aobserve, and not to impede or defeat, the ends of substantial justice; and, in a plain case, this... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1898 - 788 стор.
...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...doubtful cases, where an impartial mind hesitates." In the present case, if the facts alleged in the answer exhibited at the hearing of this application... | |
 | Abraham Clark Freeman - 1898 - 1034 стор.
...abuse of discretion," the court also said: "It is not a mental discretion to be exercised exgratia, but a legal discretion to be exercised in conformity with...substantial justice. In a plain case this discretion S8a has no office to perform, and its exercise is limited to doubtful cases where an impartial mind... | |
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