 | United States. Supreme Court - Law reports, digests, etc - 1824 - 952 pages
...established in 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 will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised... | |
 | Edward Deering Mansfield - Constitutional law - 1834 - 284 pages
...not to make it. They are judges, not lawgivers. " The judicial department has no will in any case. Judicial power, as contradistinguished from the power...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
...not to make it. They are judges, not lawgivers. " The judicial department has no will in any case. Judicial power, as contradistinguished from the power...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... | |
 | Edward Deering Mansfield - United States - 1836 - 320 pages
...not to make it. They are judges, not lawgivers. "Tjhe judicial department has no will in any case. Judicial power, as contradistinguished from the power...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... | |
 | Edward Deering Mansfield - United States - 1836 - 304 pages
...and not to make it. They are judges, not lawgivers. "The judicial department has no will in any case. Judicial power, as contradistinguished from the power...of the laws, has no existence. Courts are the mere in* struments of the law, and can will nothing." 1 § 334. In the clause above, the phrase is read... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...much bound to give it that construction as if the exemption had been established in express terms. Judicial power, as contradistinguished from the power...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... | |
 | George Bowyer - Ecclesiastical law - 1851 - 218 pages
...Wheaton's R. 866, Chief Justice Marshall said, that " the judicial department has no will in any case. Judicial power, as contradistinguished from the power...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... | |
 | Joseph Story - Constitutional history - 1851 - 642 pages
...Marshall, that "the judicial department has no will in any case. Judicial power, as contradistingnished from the power of the laws, has no existence. Courts...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... | |
 | Law - 1901 - 510 pages
...Osborne v. Bank of United States (9 Wheaton, 738): "The judicial department has no will in any case. Judicial power, as contradistinguished from the power...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;... | |
 | Joseph Story - Constitutional history - 1873 - 744 pages
...finely remarked by Mr. Chief Justice Marshall, that "the judicial department has no will in any case. Judicial power, as contradistinguished from the power...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... | |
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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... 
