Frases de Arthur Kekewich
Data de nascimento: 26. Julho 1832
Data de falecimento: 22. Novembro 1907
Sir Arthur Kekewich was a British Chancery Division judge.
Citações Arthur Kekewich
In re Liverpool Household Stores Assoc. (1890), 59 L. J. Rep. C. D. 618.
„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.“
Evans v. Manchester, &c. Rail. Co. (1887), L. J. (N. S.) 57 C. D. 157.
„I am always afraid of quoting my own decisions; I do not think it is the right thing for a judge to do, but I often do refer to them when I can thereby avoid repeating in different words what I have said before.“
Bolton Partners v. Lambert (1889), L. R. 41 C. D. 300.
„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.“
Blank v. Footman & Co. (1888), 57 L. J. (N. S.) C. D. 914.
„Public policy does not admit of definition and is not easily explained. It is a variable quantity; it must vary and does vary with the habits, capacities, and opportunities of the public.“
Davies v. Davies (1887), L. R. 36 C. D. 364; see also Egerton v. Earl Brownlow, 4 H. L. C. 1.
„Decisions in the American Courts are entitled to great respect, but are not binding here; and there are many circumstances affecting questions arising between the laws of different States which may or may not be applicable to questions arising here.“
In re De Nicols. De Nicols v. Curlieb (1898), L. R. 1 C. D. , p. 410.
In re Weall Andrews v. Weall (1889), L. R. 42 Ch. D. 679.
„It is impossible for us English lawyers, dealing with the English language, to express our views except in the technical language of our law.“
Lauri v. Renad (1892), L. R. 3 C. D. , p. 413.
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„Born and bred, so to say, in Chancery, I have a strong leaning towards the rule of the Court of Chancery, of requiring full discovery.“
Ashworth v. Roberts (1890), L. J. Rep. (N. S.) 60 C. D. 28.
„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.“
Horlock v. Wiggins (1888), L. R. 39 C. D. 143.
In re England (1895), L. R. 2 C. D. , p. 109.
In re Somerset; Somerset v. Earl Poulett (1893), L. R. , 1 Ch. 249.
„It is the right of her Majesty's subjects to make claims and to have them tried in the constitutional way.“
Birmingham and District Land Co. v. London and North-Western Railway Co. (1888), 57 L. J. Rep. (N. S.) C. D. 123.
„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 as to say that they shall not be quoted.“
Union Bank v. Munster (1887), L. R. 37 CD. 54.
Whelan v. Palmer (1888), L. J. Rep. (N. S.) 57 C. D. 788.
„Experience tells us that sometimes, when minorities insist on their rights, they ultimately prevail.“
Young v. South African, &c. Syndicate (1896), L. R. 2 C. D. , p. 278.
„Any man who spends his income, whether large or small, benefits the community by putting money in circulation.“
In re Nottage (1895), L. R. 2 C. D. , p. 653.