never thus submitted at all, and so they were occasionally
committed to positions which they had never intended to adopt and
afterwards found it necessary to repudiate.[Footnote: See for an
example of this Wilcox _v._ Heywood, 12 R. I. Reports, 196,
198.]

Our courts of last resort generally have before them a printed
statement of the doings in the lower court which they are asked
to review, and a printed argument from each party to the appeal.
Oral arguments are also usually heard, except in a few States
where the press of business renders it practically impossible
except in cases of special importance. Such a press occurs
mainly in the largest States, but exists also in some whose
Constitutions make it easy and over-cheap for every defeated
litigant to carry his case up to the highest court.

In the Supreme Court of Georgia no costs exceeding $10 can be
taxed against the unsuccessful party; and it has had eight
hundred cases in one year upon its docket. In most States he has
substantial costs to pay. These mainly are to meet the expense
of printing the record sent up from the court below. A single
case will sometimes fill a volume or even a set of volumes,
particularly in equity causes in the federal courts, in which all
the testimony is generally written out at length. The appellant
has to pay for the printing in the first instance, but
ordinarily, if he succeeds, the other party will be obliged to
reimburse him. The cost involved is occasionally several
thousand dollars.

The party taking the appeal must file a paper stating his grounds