Order of precedence

“ As “necessity knows no law,” he should be the judge (subject to an appeal to the assembly) whether the motion so offered is of such character that necessity requires it should have precedence. (a) For instance, while good authorities assert that the motion for adjournment is not in order after the previous question has been acted upon and ordered. ”

“ No break of order, no dodging with the spirit or the letter of an existing regulation can ever be perpetrated, without thereby affording a precedent to those who desire to break that order and dodge those formularies in another direction. ”

“ It is, therefore, an established principle, that unless an order is so manifestly against law that the question does not admit of dispute, the order must first be obeyed by the inferior, and he must subsequently seek such redress against his superior as the laws allow. ”

“ Priority in rank or precedence in military life, arises from rank, or the date of an officer’s commission.
PRECEDENT. Any act which can be interpreted into an example for future times, is called a precedent. Persons in high official situations are extremely scrupulous with respect to precedence, especially in military matters. ”

“ I will not delay person of common Right, By reason of any Letter, or order from any person or persons in authority to me directed, or per any other Cause whatever, and if any Letter or Order Come to me, contrary to Law I will proceed to Inforce the Law, such letter or Order notwithstanding. ”

“ In which Action, no Delay, Stay, or Stop of Proceeding, by Rule, Order or Command, nor no Injunction, Protection, or Priviledge whatsoever, nor any more than one Imparlance shall be allowed, excepting such Rule of the Court wherein the Action shall depend, made in open Court, as shall be thought in justice necessary, for special Cause to be expressed in the said Rule. ”

“ The group of connected terms ruler, rex, rajah, regulate, and others, would seem to be independently derived from the same root, but not to be in the same line of development as right and its synonyms. The ruler or regulator is he who keeps things straight or keeps order, not he who establishes the right. ”

“ The reason advanced for departing from the long standing practice is that 'the order was beyond the powers conferred upon the court.' By that test every interlocutory order which is wrong can be reviewed here under § 262. ”

“ Bowles, supra, 321 U.S. 328, 64 S.Ct. 591, the term 'other order' contemplates a remedy other than that of an injunction or restraining order, a remedy entered in the exercise of the District Court's equitable discretion. ”

“ The laws receive their force and authority from an oath of fidelity, either tacit or expressed, which living subjects have sworn to their sovereign, in order to restrain the intestine fermentation of the private interests of individuals. ”

“ As with us, the great leading rule must be, that when an officer does an act purporting to bind his Government, the first step in proof of its validity is to show his authority to bind the Government. ”

“ In the face of an overwhelming force, obedience in such matters may often be a necessity, and, in the interests of order, a duty. No concession is thus made to the rightfulness of the authority exercised. ”

“ Their declaration was simply their joint expression of their separate wills; each expressing its own will, and not that of any other; each bound by its own act, and not responsible for the act of any other. ”

“ I have never in my life questioned or disobeyed an order, though many and many a time have I risked my life, health, and reputation, in obeying orders, or even hints to execute plans and purposes, not to my liking. ”

“ We do not admit any binding authority in the decisions and adjudications of the court of king’s bench or common pleas, or the court of chancery, over America; but we quote them as the opinions of learned men. ”

“ This authority is so directly in point, that it cannot be necessary to refer to any other. But the principle will be found in accordance with the highest authority, both in this country and in the English Chancery. ”

“ The practice, as it now prevails, is one of the many instances of the practical wisdom with which this nation often deals with difficult subjects. The standing order is retained as an instrument which, in certain cases, it may possibly be expedient to employ ”

“ Sometimes societies include in their by-laws some rules relating to the transaction of business without any intention, evidently, of giving these rules any greater stability than is possessed by other rules of their class, and they may be suspended the same as if they were called rules of order. ”

“ Lawyers, who are governed by rules and precedents, are very apt to fall into mistakes, in determining what is right and lawful, in cases which are, in their own nature, prior to any fixed laws or precedents. The only reason for the authority of precedents and general rules in matters of law and government, is, that all persons may know what is law ”

“ The principle on which the Court of Chancery acts when called on to deal with a dispute among the members of a Nonconformist body is settled by a line of decisions: the only difficulty which might be anticipated lies in applying the principle to the facts. ”

“ Although it is my will that complete justice be observed in each case, I charge you that, in so far as may be possible, and can be rightly done, you settle the differences and suits which arise, without having recourse to the technicalities of the law or proceeding by the ordinary methods, or condemning to pecuniary fines; but observing throughout the provisions of the decrees that shall be given you. ”

“ In such case, force alone would determine which should be the superior, and which the subordinate; which should have the exclusive right of judging, both as to the extent of its own powers and that of its co-ordinates — and which should be deprived of the right of judging as to the extent of those of either — which should, and which should not possess any other power than that which its coordinate — now raised to its superior — might choose to permit it to exercise. ”

“ The precedent is one which has not received the approbation of jurists, and is not to be followed. See W. B. Lawrence, 2d ed. Wheaton's Element of Int.Law, pt. 4, ch. 1. sec. 11, and note. But, admitting its full weight, it affords no authority in the present case. ”

“ In proceeding to consider the various kinds of precedents and the methods of their operation, we have in the first place to distinguish between those decisions which are creative of the law and those which are merely declaratory of it. A declaratory precedent is one which is merely the application of an already existing rule of law; an original precedent is one which creates and applies a new rule. ”

“ Procedure by provisional order is a substitute for the more expensive course of private bill legislation; it is usually employed for such purposes as alteration of areas, compulsory purchase of land, building of light railways, &c. ”

“ These are all examples of the basic theory underlying the Charter, namely that the state will respect choices made by individuals and, to the greatest extent possible, will avoid subordinating these choices to any one conception of the good life. ”

“ If the duty is unperformed and it be judicial in its character the mandate will be to the judge directing him to exercise his judicial discretion or judgment, without any direction as to the manner in which it shall be done, or if it be ministerial, the mandamus will direct the specific act to be performed. ”

“ In Articuli super Chartas; when the Great Charter was confirmed, at the Request of his Prelates, Earls and Barons, we find these Passages. 1. Nevertheless the King and his Council do not intend by reason of this Statute to diminish the King’s Right, &c. 2. And notwithstanding all these things before-mentioned, or any part of them; both the King and his Council, and all they that were present at the making of this Ordinance, will and intend that the Right and Prerogative of his Crown shall be saved to him in all things. ”

“ And why are judicial precedents, when formed on due discussion and consideration, and deliberately sanctioned by reviews and repetitions, regarded as of binding influence, or rather of authoritative force, in settling the meaning of a law? It must be answered, 1. Because it is a reasonable and established axiom, that the good of society requires that the rules of conduct of its members should be certain and known; which would not be the case if any judge disregarding the decisions of his predecessors, should vary the rule of law according to his individual interpretation of it. ”

“ Derivative precedence, which can only be personal, belongs to all those whose rank and place are determined by their consanguinity with or affinity to somebody else, as the lineal and collateral relations of the sovereign, the sons, daughters and daughters-in-law of peers and peeresses in their own right, and the wives, sons, daughters and daughters-in-law of baronets, knights and some esquires.. ”

“ But the expression is a mere dictum, and the Privy Council in the case cited allude to it, and observe that it is doubtful, from a contemporaneous report of the same case, [3] whether the learned judge made use of it, and add, that if he did, the expression is certainly inaccurate, and not being necessary for the decision of the case cannot be taken as authority. ”

“ But although a particular and a rare case may not, in itself, be of sufficient magnitude to induce a rule, yet it must be governed by the rule, when established, unless some plain and strong reason for excluding it can be given. ”

“ A ruler’s will, as lawgiver, is first and principally that his laws be obeyed, and not at all that the penalty be executed on any, but only on supposition that they will not obey his laws. But a ruler’s will, as judge, supposeth the law already either kept or broken ”

“ The doctrines upon the subjects of joint and several interests under a deed, and of the necessity or propriety for conformity with remedies for enforcing those interests to the nature of the interests themselves, have been maintained by a course of decision as unbroken and perspicuous, perhaps, as those upon which any other rule or principle can be shown to rest. ”

“ The power to charge being coupled with the condition that the charge shall be reasonable, the state is left free to act on the subject of reasonableness, within the limits of its general authority, as circumstances may require. ”

“ Paragraph 2 (b) of the order will be modified by striking from it the words: 'will cease and desist as aforesaid' and substituting for them the words 'will not engage in the conduct from which it is ordered to cease and desist as aforesaid.'
It is so ordered. ”

“ The shalls will be right if it appears that each shall-clause is equivalent to a conditional protasis. We may show it by starting at the end as with the house that Jack built and constructing the sentence backwards, subordinating by stages, and changing will to shall as the protases come in; it will be allowed that until means to the time when, and that when may be resolved into if ever. Thus we get: a. One will know. b. None will be a member of the legislature unless one shall know. c. It will distil to the time if ever none shall be a member unless one shall know. ”

“ When one of the superior courts of law has, after solemn argument and full consideration, laid down a certain principle as one fit to be applied to the case in hand, there is a reasonable presumption that this decision is correct, and that the principle is a just one fit to be applied to all similar cases in the future, that is to say, fit to receive permanent recognition as a new rule of law. ”

“ Hence just as it is a mark of an inordinate will that a man of his own choice incline to be appointed to the government of others, so too it indicates an inordinate will if a man definitively refuse the aforesaid office of government in direct opposition to the appointment of his superior: and this for two reasons. ”

“ The good faith of the master and his reasonable exercise of discretion must be considered and determined in the light of the facts in each particular case. The term 'discretion' implies the absence of a hard-and-fast rule. ”

“ Do you conceive, in general, that those who hold such employments as are guarded by oaths perform their duties in consequence of the oath, or because they conceive that integrity and due attention are right for their own sakes? ”

“ I mean the freeholders of the kingdom. To do justice to the ministry, they have not yet pretended that any one, or any two, of the three estates, have power to make a new law, without the concurrence of the third. ”

“ When the subject of discussion in a civil matter involves the examination of accounts, or by the absence of witnesses out of the kingdom, or by other reasons it happens that the Assizes cannot render justice, then the cause may be either commenced in the Court of the Pretor, or be brought there, and appeal shall be had from the Pretor to the Chancellor, and from the Chancellor to the Senate, whether upon the facts or upon the judgments rendered, as well upon the principle as upon the form, the whole in the manner which the legislature shall determine upon. ”

“ Something more than a bare assertion of such an authority seems essential to the jurisdiction of this court. The authority intended by the act is one having a real existence, derived from competent governmental power. ”