Quote#Wisdom
This seems to me to be one of those cases in which the Court is bound…
Quote byArthur Kekewich · 1832–1907
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Horlock v. Wiggins (1888), L. R. 39 C. D. 143..
English (original)
This seems to me to be one of those cases in which the Court is bound to arrive at a conclusion without having any satisfactory means of arriving at it. The only guide I have is this. I am entitled to sit in the testator's chair as he wrote his own will.
— Arthur Kekewich
More from Arthur Kekewich
I think that the proper and safe course is to follow a decision of a Court of co-ordinate jurisdiction, unless some cogent reason is given to the contrary.
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It is to my mind much to be regretted, and it is a regret which I believe every Judge on the bench shares, that text-books are more and more quoted in Court—I mean, of course, text-books by living authors—and some Judges have gone so far …
It is the right of her Majesty's subjects to make claims and to have them tried in the constitutional way.
The difficulty which I feel as a Judge, and always felt at the Bar, is this: a defendant is entitled to put his back against the wall and to fight from every available point of advantage.