 | Abraham Clark Freeman - Judgments - 1873 - 590 pages
..."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,... | |
 | Law - 1920 - 496 pages
...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 - Law reports, digests, etc - 1882 - 796 pages
...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... | |
 | Law reports, digests, etc - 1920 - 1148 pages
...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... | |
 | Law reports, digests, etc - 1892 - 1156 pages
...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... | |
 | Law reports, digests, etc - 1924 - 1208 pages
...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... | |
 | Law reports, digests, etc - 1892 - 1148 pages
...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,... | |
 | Law reports, digests, etc - 1892 - 1266 pages
...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 - Law reports, digests, etc - 1893 - 616 pages
...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 - Civil procedure - 1896 - 874 pages
...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. 
