Sir Francis Buller, 1st Baronet: Case

Sir Francis Buller, 1st Baronet was British judge. Explore interesting quotes on case.
Sir Francis Buller, 1st Baronet: 48 quotes0 likes

“We must not overturn, the cases.”

Sir Francis Buller, 1st Baronet

Ablett v. Ellis (1798), 2 Bos. & Pull. 249.

“It was nobly said in another place (I heard it with pleasure, and thought it becoming the dignity of the person who pronounced it, and the place in which it was pronounced) "that the law is best applied, when it is subservient to the honesty of the case."”

Sir Francis Buller, 1st Baronet

Master v. Miller (1791), 4 T. R. 335.

“I have always thought it highly injurious to the public that different rules should prevail in the different Courts on the same mercantile case. My opinion has been uniform on that subject. It sometimes indeed happens that in questions of real property Courts of law find themselves fettered with rules, from which they cannot depart, because they are fixed and established rules1; though equity may interpose, not to contradict, but to correct, the strict and rigid rules of law. But in mercantile questions no distinction ought to prevail. The mercantile law of this country is founded on principles of equity; and when once a rule is established in that Court as a rule of property, it ought to be adopted in a Court of law. For this reason Courts of law of late years have said that, even where the action is founded on a tort, they would discover some mode of defeating the plaintiff, unless his action were also founded on equity; and that though the property might on legal grounds be with the plaintiff, if there were any claim or charge by the defendant, they would not consider the retaining of the goods as a conversion.”

Sir Francis Buller, 1st Baronet

Tooke v. Hollingworth (1793), 5 T. R. 229.

“Expressions used in particular cases are to be understood with relation to the subject-matter then before the Court.”

Sir Francis Buller, 1st Baronet

Moss v. Gallimore (1780), Dougl. 279.

“Dissentions existing between man and wife are in all events very unfortunate: when they become the subject of consideration to third persons, they are very unpleasant, and if the case requires that the conduct of each party should be commented upon in public, it is a most painful task to those to whose lot it falls to judge on them. The subject therefore is always to be handled with as much delicacy as it will admit of; but the infirmities of human nature have given rise to cruelties and other ill-treatment on the part of husbands, and to cases in which this Court has thought it indispensably necessary to interpose.”

Sir Francis Buller, 1st Baronet

Fletcher v. Fletcher (1788), 2 Cox. Eq. Cas. 102.

“All arguments on the hardship of a case, either on one side or the other, must be rejected, when we are pronouncing what the law is; for such arguments are only quicksands in the law, and, if indulged, will soon swallow up every principle of it.”

Sir Francis Buller, 1st Baronet

Yates v. Hall, (1785), 1 T. R. 80.

“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

Sir Francis Buller, 1st Baronet

Jones v. Smart (1785), 1 T. R. 52.