The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The retrospective effect which a refusal to follow a former
decision may have in disturbing vested rights being one of the
most cogent reasons for adhering to precedent, there is less
objection to departing from it when the decision can be so
limited as to have only a future operation. This is occasionally
feasible. Thus the High Court of Errors and Appeals of
Mississippi by an early decision held that on the dissolution of
a bank all its rights and liabilities were extinguished. Thirty
years later the Supreme Court of the same State overruled that
decision, declaring it "condemned by reason and the principles of
modern and enlightened jurisprudence," but nevertheless applied
it as a controlling precedent to a case arising out of the
dissolution of a bank which had been incorporated previously to
the time when the original decision was made.[Footnote: 1 Bank of
Mississippi _v._ Duncan, 56 Mississippi Reports, 165.]
The effect of overruling a former opinion may also be limited by
the dual character of our government.
The courts of the United States follow the decisions of the State
courts in the determination of matters of State law. If a State
law is held by the courts of the State to have a particular
meaning and effect it will be accorded the same in the federal
courts. But if a federal judgment is for that reason rendered in
a certain form, and there is no appeal, it settles the rights of
the parties to the suit forever, even should the State courts
afterward reverse their former rulings as being
erroneous.[Footnote: 2 Deposit Bank _v._ Frankfort, 191
United States Reports, 499.]
De Tocqueville, in his estimate of the American bar,[Footnote: 3
"Democracy in America," II, Chap. XVI.] speaks of it as devoted
to investigating what has been done rather than what ought to be
done; to the pursuit of precedent rather than of reason.
Public-domain text, read in full here on John Shaqi.
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