Discovery
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
practice, pleading, is the act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity.
Vide Bill of Discovery; 8 Vin. Ab. 537; 8 Com. Dig. 515.
When applied to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. Louis. Code, art.
3522, No. 13; 2 Inst. 50, 298.
The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends upon constitution, temper and passion. In the best, it is oftentimes caprice; in the worst, it is every vice, folly and passion, to which human nature is liable.
1 Day's Cas. 80, n; 1 Pow. Mortg. 247, a; 2 Supp. to Ves. Jr. 391; Toull. liv. 3, n. 338; 1 Lill. Ab. 447.