 | United States. Congress. Senate. Committee on the Judiciary - Antitrust law - 1914 - 1270 pages
...the law, has no existence. Courts arc the mere instruments of the law; they can will nothing. * * * Judicial power is never exercised for the purpose of giving effect to the will of the judge; but always for the purpose of giving effect to the will of the legislature,... | |
 | 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 - Law reports, digests, etc - 1915 - 718 pages
...the course of prescribed law ; and, when that is discerned, 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 judge ; always for the purpose of giving effect to the will of the legislature ; or,... | |
 | Law reports, digests, etc - 1916 - 1384 pages
...the course of prescribed law; and, when that is discerned, 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 judge; always for the purpose of giving effect to the will of the legislature; or,... | |
 | Law reports, digests, etc - 1916 - 1268 pages
...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 of giving effect to the will of the judge; always for the purpose of giving effect to the will of the Legislature, or,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1918 - 1296 pages
...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 of giving effect to the will of the judge; always for the purpose of giving effect to the will of the legislature; or,... | |
 | Australia. High Court - Law reports, digests, etc - 1918 - 648 pages
...Commonwealth. Barton j. In Osborn v. Bank of the United States (1) the Court in its judgment said : " Judicial power is never exercised for the purpose of giving effect to the will of the Judge ; always for the purpose of giving effect to the will of the Legislature ; or,... | |
 | Albert Jeremiah Beveridge - 1919 - 726 pages
...of the court to follow it. 1 9 Wheaton, 861-62. * Z6. 862-63. Judicial power is never exercised for the purpose of giving effect to the will of the judge; always for the purpose of giving effect to the will of the legislature." * This passage, so wholly unnecessary to the decision of the case or... | |
 | James Manford Kerr - Civil procedure - 1919 - 998 pages
...proceedings must conform to the law conferring upon them the authority and power to act in the premises. Judicial power is never exercised for the purpose of giving effect to the will of the judicial officer, but for the purpose of giving effect to the will of the legislature... | |
 | Law - 1920 - 904 pages
...state at large. Miller v. People, 230 111. 74. JUDICIAL DICTUM. See Obiter Dictum. JUDICIAL DISCRETION. By judicial discretion is meant sound discretion guided...never exercised for the purpose of giving effect to the will of the judge, — always for the purpose of giving effect to the will of the legislature;... | |
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Judicial power is never exercised for the purpose of giving effect to the will of the judge ; always for the purpose of giving effect to the will of the Legislature, or, in other words, to the will of the law. 
