The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Ordinarily it is the statutory right of a defeated litigant to
take an appeal, provided he can state any colorable ground of
exception. In some jurisdictions he is required to obtain the
approval of the trial court or else of some member of the
appellate court. There are many judges who think that such a
practice should be universally adopted. It would certainly tend
to relieve the dockets of appellate tribunals, and to bring
lawsuits to a speedier end. If one were sure that the judge to
whom application was made for an approval of the appeal would
always act intelligently and impartially, such a precaution
against useless litigation would be admirable. But the trial
judge is not in a position that naturally leads to an
unprejudiced judgment. The appeal is asked on account of
mistakes of his, and he will not be apt to think that he has made
any. The judge of the appellate court will be impartial and
unprejudiced, but he will have a very imperfect knowledge of the
case. He could only be asked to make a hasty examination of the
points involved, and it would be quite possible for him to reject
as frivolous grounds which, on a lengthy investigation after a
full argument, might have seemed to him substantial. In view of
these objections, and of the unequal attainments and experience
of the different judges of our courts, the bar are generally in
favor of making appeals a matter of right; and what the bar
favors in such a matter the legislature usually enacts.
* * * * *
The opinions and judgments of all American courts of last resort
are officially reported for publication. At first they were not
so reported. The earliest volume of American judicial decisions
(Kirby's) was published in 1789 as a private venture. A few
years later the States began to provide official reporters for
their highest courts and soon assumed the expense of publication.
There are now more than fifty current sets of federal and State
reports, the annual output being about four hundred volumes,
containing 25,000 cases. The mere indexing and digesting of
these reports for the use of the bench and bar has become a
science. While consulted by comparatively few who are not
connected with the legal profession, they constitute a set of
public records of the highest value to every student of history
and sociology.[Footnote: See "Two Centuries' Growth of American
Law," 6.]
It is the custom to prefix to the report of each case a head-note
stating briefly the points decided. Ordinarily this is the work
of the reporter. In a few States the judges are required to
prepare it; and to do so then naturally falls to the lot of that
one of them who wrote the opinion. Occasionally the head-note
contains statements not supported by the opinion. In such case
the opinion controls unless it is otherwise provided by statute.
Public-domain text, read in full here on John Shaqi.
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