Law Library Volume 9

Law Library Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 edition. Excerpt: ...of all other persons. (b) And in the Court of Chancery the same learned judge has said, There is one consideration, of which this Court should never lose sight in every decision which it makes, viz., what is to be the effect of its determination, not in the existing case alone, but upon subsequent similar cases; that a decision, founded on misapprehension, may not be applied as a principle to cases of the same class, which may hereafter arise.(c) _ _ 1 point; in this point persons, who are not parties to that suit, W34 J are interested; and the Court' s decision may produce (q) Ricord v. Bettenham, 1 W. Bl. 563. (1)) l Dick. 3'77. Possibly Sir N. Bacon (r) Anthon v. Fisher,3 Dough, ed. Frere put his saying into practice in a case, which 6: R. 166. he decided, but which Lord Loughborough (0) Hurst v. Beach, 5 Madd. 356; Caw-calls a strange determination, and affirms thorn v. Chalie, 2 Sim. and St. 127; Fowler to be contrary to every principle. 3 Ves. V-Richards, 5 Russ. 39. 70. (t) The King v. Croft, 3 Barn. and Ald. (w) 2 Kenyon, 478. 171. (1) Duke of Norfolk's case, 3 Ch. Cas. (u) 2 Durn. and E. 371. 1, 14, 37, 52. Inconveniences, that have arisen from a particular decision, have occasioned the following observations: --l strongly felt at the argument, says Lord Eldon in a bankruptcy case, that if they, who decided Ex parte Crisp, (d) had been aware of the inconveniences, that decision would occasion, it would not have been so decided. (e) And a remark, -Q35 1 of Chief Justice Abbott is, -- I cannot help thinking, that if Lord Kenyon had anticipated the consequences, which have followed from the rule laid down by him in Lawson v. Weston, (f) more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236929764
  • 9781236929761