Historical Sketches of Statesmen Who Flourished in the Time of George Iii Vo

Cover Historical Sketches of Statesmen Who Flourished in the Time of George Iii Vo
Historical Sketches of Statesmen Who Flourished in the Time of George Iii Vo
Henry Brougham Brougham And Vaux
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He showed, too, as great firmness and vigour 106 LORD MANSFIELD.
in forming his judgment, although upon questions of foreign law, as he did in expediting the conduct of the arguments, although in the hands of advocates accus- tomed to somewhat prolix statements. Where he was clearly convinced that the Scotch Judges had mistaken their own law, he did not scruple to reverse their deci- sions, and restore the violated purity of the system, although in doing so he assumed to correct those who had m
...ade it the study of their lives ; even upon heads peculiar to Scottish jurisprudence, to which the English law affords no parallel, and on which he could derive no light at all from his own professional habits. It was he who reversed the decision of the Court of Session upon the celebrated Duntreath case ; which, as ruled by him, forms now as much the corner-stone of the Scotch law of B entail, as Shelly's case does that of England; and, while all lawyers are now agreed that he was right, it may fairly be doubted whether some of his successors, and especially Lord Eldon, would have ventured to overrule some other judgments in which the Scottish Courts had equally gone astray in applying their own law, had not Lord Mansfield shown the salutary courage which he dis- played in that first and most remarkable reversal.

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