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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... "
Atlantic Reporter - Página 38
1897
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Reports of Cases Argued and Adjudged in the Supreme ..., Volumen9;Volumen22

United States. Supreme Court - 1824 - 952 páginas
...express terms. Judicial power, as contradistinguished from the power of the laws, has 110 existence. Courts are the mere instruments of the law, and can...discerning the course prescribed by law ; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose...
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Commentaries on the Constitution of the United States: With a ..., Volumen3

Joseph Story - 1833 - 800 páginas
...administer justice, 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...discerning the course prescribed by law ; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 páginas
...will in any case. Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instru-ments of the law, and can will nothing." 1 § 334. In the clause above the phrase is read " all cases in law or equity." The reference here...
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The Political Grammar of the United States: Or, A Complete View of the ...

Edward Deering Mansfield - 1834 - 284 páginas
...will in any case. 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." 1 § 334. In the clause above the phrase is read " all cases in law or equity." The reference here...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 páginas
...express terms. Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can...discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose...
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Readings Delivered Before the Honourable Society of the Middle Temple, in ...

George Bowyer - 1851 - 218 páginas
...will in any case. Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can...when that is discovered, 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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Albany Law Journal, Volumen63

1901 - 510 páginas
...will in any case. 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." The original jurisdiction of the Supreme Court is limited to the cases described in the Constitution;...
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An Appeal to Californians to Immediately Undertake a Peaceful Revolution in ...

William J. Shaw - 1875 - 116 páginas
...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....discerning the course prescribed by law; and when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Libro 6

United States. Supreme Court - 1882 - 798 páginas
...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...discerning the course prescribed by law ; and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose...
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The Pacific Reporter, Volumen113

1911 - 1164 páginas
..."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...discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow It. Judicial power is never exercised for the purpose...
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