„I do not think that a Judge would wish any statement which he may have made in the course of a case, merely obiter and casually, to be treated as necessarily being an authority on the subject in question; but when a Judge has thought it necessary for the purpose of a case to make a deliberate examination of the practice of his Court, and to state such practice, I do not think the authority of such statement can be got rid of merely by arguing that it was not really necessary for the actual decision of the case. I think that such a statement if cited as an authority is entitled to great weight, though of course not binding on us as a decision.“

Ex parte Rev. James Bell Cox (1887), L. R. 20 Q. B. D. 19.

Последнее обновление 22 мая 2020 г. История
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William Brett, 1st Viscount Esher16
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