In many instances the language is, 'It is better stare decisis; the very case has already been determined.' Lord Eldon says, ' Where there is a decision precisely in point it is better to follow it.' In a multitude of cases the authority of a single case,... Hansard's Parliamentary Debates - Pagina 831door Great Britain. Parliament - 1863Volledige weergave - Over dit boek
| Great Britain. Court of Chancery - 1827 - 650 pagina’s
...was very much argued ; and I do not mean to say, that a great deal may not be urged against it : but, where there is a decision precisely in point, it is better to follow it. Therefore the rents of the premises demised to Prati and the rents of the other premises, demised to... | |
| James Ram - 1835 - 162 pagina’s
...was very much argued; and I do not mean to say, that a great deal may not be urged against it; but where there is a decision precisely in point, it is better to follow it."(r) A single case so followed is sometimes one, by which an older deci(/) 13 Bart, 321, cited 1... | |
| Francis Vesey, Great Britain. Court of Chancery - 1845 - 436 pagina’s
...was very much argued ; and I do not mean to say. that a great deal may not be urged against it : but, where there is a decision precisely in point, it is better to follow it. Therefore the rents of the premises demised to Pratt and the rents of the other premises, demised to... | |
| 1858 - 488 pagina’s
...was very much argued ; and I do not mean to say that a great deal may not be urged against it ; but where there is a decision precisely in point, it is better to follow it." Lord St. Leonards, in his work upon Vendors and Purchasers, has assumed that the above cases are law.... | |
| Arthur Francis Leach - 1878 - 162 pagina’s
...was very much argued, and I do not mean to say that a great deal may not be urged against it ; but where there is a decision precisely in point, it is better to follow it " (an observation which shows, as pointed out by Knight-Bruce, VC, in Emuss v. Smith, 2 De G. & Sm.... | |
| Eugene Wambaugh - 1894 - 362 pagina’s
...different rule of construction, although, if it were to be decided now for the first time, I should not now think that decision right.' In many instances the...bottomed in reason,' or ' although the Court cannot approve or cannot understand the reasons," yet the authority of the case must be followed; and Courts... | |
| James William Norton-Kyshe - 1904 - 432 pagina’s
...it. — Kekewich, J., In re England (1895), LR 2 CD [1895], p. 109. See above, 5, 6 ; CASES, 16. 24. Where there is a decision precisely in point, it is better to follow it. —Lord Eldon, Townley v. Bedwell (1808), 14 Ves. 596. See above, 23 ; PRECEDENTS, 14, 19, 20. 25.... | |
| Eugene Wambaugh - 1922 - 364 pagina’s
...different rule of construction, although, if it were to be decided now for the first time, I should not now think that decision right.' In many instances the...fully approved, has governed judicial decisions. The Ian guage used is, ' Although if the matter were res integra it might admit of difficulty ; ' or '... | |
| James Ram - 1988 - 452 pagina’s
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