The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1822-02-19

come necessary 20 Tmie the vOlnr practitioner
an % serve aS "reminiscences To those more adj
yanccd ID the scicnco-this desi Ieratnm. the
present work has furnished
IL must not be understood, from the numerous
decisions, which are shown in this volume. 10
have, at vorioTs times, been over-ruled that
court j. 10 liberty, on anv occasion, To disregard
the authority 81 cases once solem1lv decided.
II i a doctrine Of law. " that Drecedents AMI
rules must be followed unless fatty absurd, ani
unjust; for, as il Is said by learned iurst,
though their reason De not ubyiors at first view,
yet we owe such Difference ~ former times As
not to suppose that they acted wholly without
consideration" Some have gone 50 far az 10
assert that precedents AMI rules must be fol-
lowed, even when they are fatty absurd and m
Just, II they are agreeable to ancient principles"
An example, Is az hand, when this is actually
The case IN England II Is rule Of law that a
brother Of the half blooi shall never succeed as
heir to the estate OF his half brother but it shall
rather escheat to the King. 80 that where
father leaves two sons by two different mothers
and dies intestate, and large estate descents
10 MS eldest son, who also dies a miner, and in
tcstatc, hts Younger brother cannot inherit. but
the estate shall rather go to the King. Now
this IS absurd, and has not been adopted in this
country. yet Ia the mother country, it IS es-
tablished by custom which is evidenced BY ju-
dieial decisions" and Is binding on the Judges
But though the Judge does not make the law,
aud though he may mistake IT. vet the decisions
OF the courts are evidence Of what is law, and As
such are entitled to our Difference and obedi-
enCe.
The reports now extant in regular series, are
from the time Of Edward the second, inclusive
they were published 10 the time OF Henry 9th,
annually, at the expense Of the crown, and are
hence denominated the gear books. There
were 10 regular Reports after that time, until
James lst, at the Instance Of lord Bacon, ap-
pointed a reporter with fixed salary; this how
ever did not long continue, and the task fell
Y gradually into the hands Of private individuals
When Sir Edward Coke published his reports,
the first part OF which appeared in 1900, the last
in 1918, there were. as he tells US but three
1 printed volumes Of reports beside tie Year
\ Books, then IL being, viz. Sir James Overs
4 ports and Plowdens commentaries since that
1 time, however other volumes have been publish
ed containing decisions 10 thai period AS Saked,
\ CrOke, &c. As the business Of reporting was
I taken up by individuals after the government
neglected II many books were published by
| those who were not well skilled in the subject,
and often hastily ii therefore happens that We
| have the same case reported entirely different,
and sometimes contradictory, by different au-
thors; and many are crudeiy and imperfectly
| reported. 1t is in this view therefore that the
! work OF Mr.. Grcenieat, has much utility for il
! Pronounces what reports are not Of good auth )r-
| ~, and what cases are not well reported In
this country the National Government and many
OF the state Governments, and among them We
l are happy to acknowledge our own, have wise
~ provided Tor public reporter.
/ We had prepared several extracts from Mr..
Greonleat's book 70 show Tie nature and plan
Of the work, but the extent to which our re-
I marks have carried us must exclude many of
\ them. We have inserted a few however, which.
while they convey Useful Information TO those
who may not possess the book, will exhibit Mr.
Greenleaf's design.
\ Bacon y. Waller J. Roll. Rep. 387. 3. Buisir.
goa. %. Lit. 46. b.
! That from he date" and iron, the dgy Of
I the date mean bot. the same thing, and that
both sJcluyire.
| Agreed that they both mean the same thing
but resolved that, T" frora,' may mean iDrh.slce
Or eIcLuSrc according % the subject matter; q
that It shOUld be- 50 construed, 10 etectuate
the deeds Of parties, to destroy them. Pugh
2. d. IF Lseds Corp. III I'D. PeSJrey D.
Wiliams -. -Nuss 1873. p :.
7, /. Bulstr. III.
That " from The date" includes the day but
that from hc day 81 the datc" excludes Il. o.
verraled ID Pugh. d. Of Leeds, Coup. ia
p. Is.
Bartlett - Knight I. Mass 4O1.
That judgment Of a Court in another Of the
L. s. i moi III all cases conclusive evidence or
\ a debt ia action brsu 5ht thereon III .Haysa-
cluSettS.
Oyerrulcd in BiSsellU Briggs. 2. bass 4IG.
where tits holden that III such aCt1n of debt
nothing is open to inquiry except the jurisdiu-
ton Of the Court which rendered tile original
judgment. Page ~.
Hitchcock V. Aiken l. Gaines I60
That judgment il a sister State, i only pri
ma facie evidence Of a debt
The contrary j. law in Massachusetts,, Same
authority a above,) P. IS.
Cooking V. Fraser Park. IA.
That if the articles mentioned in A rnernoran-
dun az the foot Of a policy, specifically relraia
after the voyage. though damaged and worth
less, the insurer Is not liable.
Id Kenyon called this ali oJjic, d;ctln and
said he could not subscribe 70 ii. lid. Hyr-
NIT x kensihgtJa Z. d. e. FL 2IO And id.
.4!rdaiey said. tie at liberty ID consider the
case Of &. .. II. as less strOI than Ill appears
to be. Dyson 4. RorcryH ,. D. & z. ia
But the u. ;. Courts have adopted the prin-
cples Of this case. Tid. .7o.clou y. n. ~.
us. Comp. i. Wheat. PIG |. Gaines 1876. J.
Gaines 1893 Page ~
Dennison '. Modglani ). ID. 4 T.. $50.
That the taking Of Letters Of marquc. by a
merchant vessel avoids the policy, though 10
! use b. made oi them.
The authority Df this case 4 shaken IN 1JoSy