If the law be thought to be improper or inconvenient, application to correct it must be made elsewhere, and not to those who are bound by the repeated and solemn judgments of their predecessors.
- Lived
- 1745–1800
- Born
- Devon
- Known as
- judge
- Era
- 18th century
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Works (19)
The Court is to pronounce according to the apparent intent of the testator, but that intent must be found in the words of the will, and is not to be collected by conjecture dehors the will.
My distinction is, that in incorrect wills the Court may take liberties, but that if the words are correct they have no power to make any alteration.
We must not overturn, the cases.
The intention of the testator is the polar star by which we must be guided.
There is no distinction between a good jury and a common jury.
Some instances of strength of memory are very surprising.
It was nobly said in another place (I heard it with pleasure, and thought it becoming the dignity of the person who pronounced it, and the place in which it was pronounced) "that the law is best applied, when it is subservient to the …
The law merchant is a system of equity, founded on the rules of equity, and governed in all its parts by plain justice and good faith.
Customs which are consistent may be pleaded against each other.
It is certainly a rule that the jury must find facts, and not merely evidence of facts.
I think what has been considered as settled law for thirty years past ought not now to be departed from.
It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.
The Court is at liberty to transpose and mould clauses and words in a will so as to make the whole take effect.
It seems to me that the argument of the defendant's counsel blows hot and cold at the same time.
Wherever a man neglects to take advantage of any defence which he has at the time, he waives it.
All arguments on the hardship of a case, either on one side or the other, must be rejected, when we are pronouncing what the law is; for such arguments are only quicksands in the law, and, if indulged, will soon swallow up every principle …
A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.
Expressions used in particular cases are to be understood with relation to the subject-matter then before the Court.
