Publisher's Synopsis
Excerpt from A Treatise on the Doctrines of Res Adjudicata and Stare Decisis
I have purposely confined myself to the American decisions, and have only incidentally quoted English authorities now and then for the sake of clearer illustration. In my judgment the American system of jurisprudence has acquired sufficient consistency to stand alone in general, and is not now as formerly in leading strings humbly following without question the authority of English precedents. However, the English system being the origin of ours, there must always remain similarities in the two whereby one will readily lend illustration to the other upon almost any legal topic - so that there is no impropriety in mingling both in discussions of principles entering into the composition of legal text books.
The two topics of Res Adjudicata and Stare Decisis may properly be treated together. Being of a cognate character, the former controlling parties, the latter more especially furnishing a rule for courts themselves, in those matters which have been judicially considered, and are afterward again brought forward to be passed upon. In general, however, there is this distinction likewise, that the former more usually relates to determinations on questions of fact, the latter to decisions on questions of law. But this distinction does not destroy the classification which renders the two topics capable of being considered together logically and systematically.
Hoping my labors herein may not prove unacceptable to the profession, I commend the work to their favor and indulgence.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
