 | Abraham Clark Freeman - 1873 - 590 páginas
..."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,... | |
 | 1920 - 496 páginas
...Colorado Supreme Court,1 following many others of high repute, and particularly California,2 defined it as "an impartial discretion, guided and controlled in its exercise by fixed legal principles," it certainly skidded a trifle. Such a discretion may be so "guided," but if it may also be so "controlled"... | |
 | California. Supreme Court - 1882 - 796 páginas
...Wallace, J. edly held, that orders like the present rest very much in the discretion of the court below. "The discretion intended, however, is not a capricious...controlled in its exercise by fixed legal principles. * * * In a plain case, this discretion has no office to perform, and its exercise is limited to doubtful... | |
 | 1920 - 1148 páginas
...avoid dismissal is largely committed to the discretion of the trial court, the discretion intended is not a capricious or arbitrary discretion, but an...controlled in its exercise by fixed legal principles. 3. APPEAL AND ERROR <g=>962— ERRONEOUS ORDER OF DISMISSAL FOR LACK OF PROSECUTION. Where it clearly... | |
 | 1892 - 1156 páginas
...so exercised as to result in injustice. In this ree'ard it is said in Bailey v.Taaffe, 29 Cal. 426: "The discretion intended, however, is not a capricious or arbitrary discretion, but «n impartial discretion, guided and controlled in its exercise by fixed legal principles. It is not... | |
 | 1924 - 1208 páginas
...court Is not, however, an unlimited one. It le not measured by the mere will of the trial Judge. It Is "not a capricious or arbitrary discretion, but...controlled in its exercise by fixed legal principles." Bailey v. Taaffe, 29 Gal. 423, cited in Parks v. Coyne, supra, and In many other cases. It does not... | |
 | 1892 - 1148 páginas
...so exercised as to result in injustice. In this regard it is said in Bailey v. Taaffe, 29 Cal. 426: "The discretion intended, however, is not a capricious...mental discretion, to be exercised ex gratia, but u legal discretion, to be exercised in conformity with the spirit of the law, and in a manner to subserve,... | |
 | 1892 - 1266 páginas
...so exercised as to result in injustice. ln this retrard it is said in Bailey v. Taaffe, 29 Cal. 42G: "The discretion intended, however, is not a capricious...It is not a mental discretion, to be exercised ex grutia, but a legal discretion, to be exercised in conformity with the spirit of the law, and In a... | |
 | Nevada. Supreme Court - 1893 - 616 páginas
...exercised as to result in injustice. In this regard it is said in Buily v. T-taffe., 29 Cal. 424: " The discretion intended, however, is not a capricious...It is not a mental discretion, to be exercised ex yralia, but a legal discretion to be exercised in conformity with the spirit of the law, and in a manner... | |
 | Colorado - 1896 - 874 páginas
...business of exacting clients. Id. 24. This discretion is not a capricious or arbitrary exercise of will, but an impartial discretion guided and controlled in its exercise by fixed legal principles. Id. 207. 25. A continuance of the cause refused because of the engagements of the members of the firm... | |
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The discretion intended, however, is not a capricious or arbitrary discretion, but an impartial discretion, guided and controlled in its exercise by fixed legal principles. 
