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Books Books 1 - 10 of 10 on In the present case we perceive no such pressing need of our anticipating the legislature....
" In the present case we perceive no such pressing need of our anticipating the legislature as to justify our departure from what we cannot doubt is the settled tradition of the common law, to a point beyond that which we believe to have been reached by... "
Massachusetts Reports - Page 159
by Massachusetts. Supreme Judicial Court - 1901
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Harvard Law Review, Volume 30

Electronic journals - 1917
...examination by the defendants' physician, the common law having no precedent on the point, he says: "It will be seen that we put our decision not upon...legislation to be justified by the necessities of the case." Stack r. New York, NH & HR Co., 177 Mass. 155, 159, 58 NE 686, 687. 21 Lord Campbell's Acts are existent...
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Lawyers' Reports Annotated, Book 52

Law reports, digests, etc - 1901
...practice of the past. No one supposes that a judge is at liberty to decide with sole reí- ¡ erence even to his strongest convictions of policy and right....doctor objected to by the plaintiff to the house of the bitter to ask leave to examine him. This, of course, the plaintiff refused. The defendant took a s<ond...
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The American Judiciary

Simeon Eben Baldwin - Courts - 1905 - 403 pages
...is to develop the principles which he finds with such consistency as he may be able to attain. ... In the present case we perceive no such pressing need...legislation to be justified by the necessities of the case." 1 The theory of judicial power thus stated carries implications that would not be universally accepted....
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The American Judiciary

Simeon Eben Baldwin - Courts - 1905 - 403 pages
...In the present case we perceive no such pressing need of our anticipating the legislature as to 78 justify our departure from what we cannot doubt is...legislation to be justified by the necessities of the case. ' n The theory of judicial power thus stated carries implications that would not be universally accepted....
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A Treatise on the System of Evidence in Trials at Common Law ..., Volume 4

John Henry Wigmore - Evidence (Law) - 1905 - 3921 pages
...has no power to compel submission to inspection by an opposing expert witness; "we put our decisions not upon the impolicy of admitting such a power, but...legislation to be justified by the necessities of the case") ; Michigan: 1893, Graves ». Battle Creek, 95 Mich.' 266, 268, 54 NW 757 (plaintiff's injured arm compelled...
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How to Suppress a Malpractice Suit and Other Medical Miscellanies

Thomas Hall Shastid - Malpractice - 1906 - 128 pages
...another. in that case it is said (expressly obiter) that the power does not exist. Holmes, CJ : — "It will be seen that we put our decision not upon...legislation to be justified by the necessities of the case." Should the question arise squarely in the supreme court of Massachusetts, it would, no doubt, be decided...
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Harvard law review, Volume 30

1917
...examination by the defendants' physician, the common law having no precedent on the point, he says: "It will be seen that we put our decision not upon...legislation to be justified by the necessities of the case." Stack v. New York, NH & HR Co., 177 Mass. 155, 159, 58 NE 686, 687. 21 Lord Campbell's Acts are existent...
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The Central Law Journal, Volume 94

Law - 1922
...dealing with kindred subjects have ever seen fit to go. It will be seen thai we put our decisions, not upon the impolicy of admitting such a power, but...legislation to be justified by the necessities of the case." This essay is intended, primarily, to be an analytical consideration of the nature of law as an existing...
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The Central Law Journal, Volume 64

Law - 1907
...It will be seen that we put our decision, not upon the impolicy of admitting such a power, but upon the ground that it would be too great a step of judicial...legislation to be justified by the necessities of the case."14 The case of McQuigan v. Delaware, Lackawanna & Western R. Company,18 is an interesting i«...
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The Essential Holmes: Selections from the Letters, Speeches, Judicial ...

Oliver Wendell Holmes, Richard A. Posner - Biography & Autobiography - 1997 - 374 pages
...the present case we perceive no such pressing need of our anticipating the legislature as tojustify our departure from what we cannot doubt is the settled...legislation to be justified by the necessities of the case . . . Holdsworth's English Law 25 Law Quarterly Review 412 (1909) . . . If the development of ideas...
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