Loading ...
Sorry, an error occurred while loading the content.

In Law: Words as Symbols

Expand Messages
  • Legalbear
    Misunderstanding of the mandate is upon the facts in this record an illusory peril. The order gives the only description that the nature of the case allows.
    Message 1 of 1 , Jul 29, 2012
    • 0 Attachment

      Misunderstanding of the mandate is upon the facts in this record an illusory peril. The order gives the only description that the nature of the case allows. The respondent, and no one else, is in a position to supply a better one. The mandate is addressed to him, and to him its meaning is definite, however indefinite to others. If it is clear enough to be understood, it is clear enough to be obeyed. "All evidence," said Lord Mansfield in Blatch v. Archer, 1 Cowper 63, 65, "is to be weighed according to the proof which it was in the power of one side to have produced and in the power of the other side to have contradicted." Kirby v. Tallmadge, 160 U.S. 379, 383. The validity of this order is to be subjected to a kindred test. Words after all are symbols, and the significance of the symbols varies with the knowledge and experience of the mind receiving them. The certainty of a description is always a matter of degree. Doherty v. Hill, 144 Mass. 465; 11 N.E. 581; Marks v. Cowdin, 226 N.Y. 138, 143; 123 N.E. 139. "In every case the words must be translated into things and facts by parol evidence." Holmes, J., in Doherty v. Hill, supra, p. 468. How many identifying tokens we are to exact the reason and common sense of the situation must tell us. There are times when a restraining order enjoins the commission of 110*110 acts that are not within the peculiar knowledge of the one to be enjoined. In re Huntley, 85 Fed. 889, 893; cf. Ketchum v. Edwards, 153 N.Y. 534, 539; 47 N.E. 918. In that event the requirement of definiteness assumes a new importance, and failure to give heed to it may even make the order void. No doubt it is wise, irrespective of the knowledge of the parties, to make the terms of the order as definite as possible. The findings of the referee show that this is what was done. To insist upon more would be to sacrifice the substance of the right to the magic of a formula. In the ensuing war of words the wrongdoer would be enabled to slip away from his pursuers and take advantage of his wrong. Cooper v. Dasher, 290 US 106, 109-10 - Supreme Court 1933

       

      The 111*111 law will not be overpatient with his protest that if he persists in his defiance, he may be caught in his own snares. Cooper v. Dasher, 290 US 106, 111 - Supreme Court 1933

       

       

      Call me at: 720-675-7230

      On Skype: legalbear

      Best times to call: 8:30 am to 9:00 pm MST

      Join my Yahoo Group Tips & Tricks for Court by sending an email to:

      tips_and_tricks-subscribe@yahoogroups.com

      My blog: legalbearsblog.com

      Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com

      (formatted like this so this email doesn't end up in your spam folder)

       

    Your message has been successfully submitted and would be delivered to recipients shortly.