The American Judiciary by LLD Simeon E. Baldwin
page 271 of 388 (69%)
page 271 of 388 (69%)
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_id_., 582.] possibly unfair in describing the claims that
are overruled. But, as a whole, Americans need not fear to compare the reports of their courts with those of foreign tribunals. No judicial opinions, viewed from the point of style and argument, rank higher than some of those written by American judges. Those of appellate courts are generally composed and delivered by a single one of their members, but he speaks not only for the court but for every other member of it who does not expressly dissent. Nevertheless, as their conclusions depend on one man for their proper expression, the responsibility for the particular manner in which the opinion may set them forth is properly deemed in a peculiar sense to rest upon him. Nor, if the opinion is afterwards relied on as establishing a precedent, is the court bound by anything except the statement of the conclusions necessary to support the judgment. If unsound reasons for those conclusions are given, defective illustrations used, or unguarded assertions made, it is chargeable with no inconsistency in subsequently treating them as merely the individual expressions of the judge who wrote the opinion.[Footnote: Exchange Bank of St. Louis _v._ Rice, 107 Mass. Reports, 37, 41. This position is not, universally accepted. See Merriman _v._ Social Manufacturing Co., 12 R. I. Reports, 175, 184.] When Marshall became Chief Justice of the United States he introduced the practice of writing all the opinions himself, and with a few exceptions maintained it for ten years, and until, by |
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