 | United States. Supreme Court - Law reports, digests, etc - 1824 - 952 pages
...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... | |
 | Joseph Story - Constitutional history - 1833 - 800 pages
...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... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...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... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...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... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...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... | |
 | George Bowyer - Ecclesiastical law - 1851 - 218 pages
...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... | |
 | Law - 1901 - 510 pages
...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;... | |
 | William J. Shaw - California - 1875 - 116 pages
...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1882 - 798 pages
...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... | |
 | Law reports, digests, etc - 1911 - 1164 pages
..."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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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... 
