A case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer... The Scots Law Times - Page 411910Full view - About this book
| Electronic journals - 1901 - 550 pages
...qualified by the particular facts of the case in which such expressions are to be found;" and again, " A case is only an authority for what it actually decides. I entirely deny than it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning... | |
| Paulus Aemilius Irving, Gordon Hunter, Robert Cassidy, Peter Secord Lampman, Oscar Chapman Bass, Edmund Cumming Senkler - Law reports, digests, etc - 1900 - 646 pages
...qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides....acknowledge that the law is not always logical at all." There are, it is true, certain and, happily, very exceptional cases where an order of a Court of original... | |
| Law reports, digests, etc - 1904 - 626 pages
...qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides....acknowledge that the law is not always logical at all. My Lords, I think the application of these two propositions renders the decision of this case perfectly... | |
| Electronic journals - 1903 - 828 pages
...such a result cannot be taken for granted. " I entirely deny," said Lord Halsbury, 1 "that [a case] can be quoted for a proposition that may seem to follow...acknowledge that the law is not always logical at all." This frank admission that case law is not invariably a chain of logical inferences is applicable to... | |
| Law reports, digests, etc - 1902 - 836 pages
...the particular facts of the case in which such expressions are to be found. The other is that a caae is only an authority for what it actually decides....acknowledge that the law is not always logical at all. I think that the application of these two propositions renders the decision of this case perfectly... | |
| Frederick Pollock - Law - 1902 - 512 pages
...case against 1 In Quinn v. Leathern [1901] AC at p. 506, the Lord Chancellor is reported aa saying ' a case is only an authority for what it actually decides. I entirely denythat it can be quoted for a proposition that may seem to follow logically from it.' the prisoner... | |
| Law - 1903 - 1238 pages
...(Quinn v. Leathern, [1901] AC at p. 506): "A case is only an authority for what it actually decide?. I entirely deny that it can be quoted for a proposition...acknowledge that the law is not always logical at all." Lord Mansfield, in giving his judgment (in Jones v. Eandall), said: "If the present wager had been... | |
| Frederick Pollock - Law - 1903 - 498 pages
...of these considerations, the following passage in the Chancellor's judgment seems particularly apt. 'A case is only an authority for what it actually...it can be quoted for a proposition that may seem to logically follow from it. Such a mode of reasoning assumes that the law is necessarily a logical code;... | |
| Alfred Henry Clarke, Edmund Ignatius Scully, Ontario. Court of Appeal - Drainage laws - 1903 - 680 pages
...particular facts of the case in which such expressions are to be found. The other is that a case is only authority for what it actually decides. I entirely...proposition that may seem to follow logically from it." In the present case the Eeferee rightly determined that effect should not be given to the engineer's... | |
| James Roberts (Barrister-at-law) - Patent laws and legislation - 1903 - 780 pages
...particular facts of the case in which such expressions are to be found. The other is that a case is only authority for what it actually decides. I entirely...proposition that may seem to follow logically from it." l And again:—" Occasional observations made by a learned Judge upon the subject of the facts in a... | |
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