 But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was...  The American Jurist: And Law Magazine - Page 2871843Full view - About this book
 | Washington State Bar Association - Bar associations - 1894 - 612 pages
...evidently contrary to reason; much more if it be clearly contrary to the divine law. But even in such cases the subsequent judges do not pretend to make a new...to vindicate the old one from misrepresentation." And Chancellor Kent quotes, with approbation, the words of another great chancellor who said: "It is... | |
 | Sir William Searle Holdsworth - Common law - 1928 - 220 pages
...admission that a decision contrary to reason or divine law cannot stand, by saying that "even in such cases the subsequent judges do not pretend to make a new...to vindicate the old one from misrepresentation." 25 It is true that there was still no very certain rule as to the extent to which courts of coordinate... | |
 | Law reports, digests, etc - 1902 - 1068 pages
...pronounced. 1 Bl. Comm. 70, lays down the long-standing elementary rule as follows: "But even In such cases the subsequent Judges do not pretend to make a new...or unjust, It Is declared, not that such a sentence Is bad law, but that It was not law." This subject is discussed at large In an opinion written by me... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1916 - 988 pages
...differing from it, by whatever court announced, are not law. Where a former decision is overruled the judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. "For," as said by Blackstone, "if it be found that the former decision is manifestly absurd or unjust, it... | |
 | Law reviews - 1892 - 272 pages
...a custom as shall form a part of the common law." ' And again he says that if a "former decision is manifestly absurd or unjust, it is declared, not that...bad law, but that it was not law ; that is, that it is not the established custom of the realm, as has been erroneously determined."' All of which is very... | |
 | Law - 1903 - 408 pages
...exception where the former determination is evidently contrary to reason and says: " But even in such cases the subsequent judges do not pretend to make a new law, but to vendic ite the old one from misrepresentation. For if it be found that the former deaision is manifestly... | |
 | William Blackstone - Law - 1979 - 497 pages
...Tith. c. 8. much much more if it be contrary to the divine law. But even in luch cafes the fubfequent judges do not pretend to make a new law, but to vindicate the old one from mifreprefentation. For if it be found that the former docilion is manifeftly ablurd or unjuft, it is... | |
 | Henry J. Bourguignon - Biography & Autobiography - 2004 - 332 pages
...have felt comfortable applying to the law of nations. Blackstone asserted: 'But even in such cases the subsequent judges do not pretend to make a new...misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was... | |
 | Susan W. Brenner - Law - 394 pages
...law.. . . Id. at 60 (emphasis added). Blackstone notes that "if it be found that [a] former decision is manifestly absurd or unjust, it is declared, not that...bad law, but that it was not law, that is, that it is not the established custom of the reahn, as has been erroneously determined" (id. at 70). His comments... | |
 | St. George Tucker, William Blackstone - Law - 2000 - 3301 pages
...contrary to 70 reasonf much more if it be clearly contrary to the divine law. But even in such cases the subsequent judges do not pretend to make a new...one from misrepresentation. For if it be found that she former decision is manifestly absurd or unjust, it is declared,-not that such a sentence was bad... | |
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