"Take the case of the Home Insurance Company v. Morse, in which the Supreme Court of the United States held that a statute of Wisconsin requiring an insurance company of another State to agree that it would not remove a case against it to the United States Circuit Court was 'illegal and void' and therefore not binding on the company. Then read, and rub your eyes as you read, the same Court in Doyle v. The Continental Insurance Company, in which it was held that the State may prescribe any condition that it may deem proper, whether constitutional or not, upon which corporations of other States may enter its borders, using language which was long held as a sword over companies that contemplated taking a case to the United States Circuit Court in that State, or in other States having a like statute. Years afterwards we have from the same Court Barron v. Burnside, in which it was held that the ominous part of Doyle v. The Continental Insurance Company was obiter dictum; holding further that no conditions can be imposed by a State upon corporations foreign to it which are repugnant to the Constitution and laws of the United states. Such an episode reminds one of the trick on Falstaff that was 'argument for a week, laughter for a month, and a jest for ever.'"
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
Author unidentified.
https://en.wikiquote.org/wiki/Dictum
Revision History
No revisions have been submitted for this quote.
Categories
Dictum
28 quotes on TrueQuotesView all quotes by Dictum →
Related Quotes
"Speaking for myself, I do not pay much attention to the dicta of modern Judges, as I consider it my duty to decide fo…"
"I never allow my construction of a plain enactment to be biassed in the slightest degree by any number of judicial de…"
"In the books there are some loose dicta that an Act of Parliament and the common law should respectively stand as ori…"
"There are old dicta of great Judges, which have been followed by many decisions and have become maxims of the law; bu…"
"I believe that obiter dicta, like the proverbial chickens of destiny, come home to roost sooner or later in a very un…"
"This mere obiter opinion ought not to weigh against the settled direct authority of the cases which have been deliber…"
""Obiter Dicta," said John A. Finch at the recent banquet of the Indiana State Bar Association, "is not statutory Lati…"
"An old Judge is quoted as saying, 'An obiter dictum, in the language of the law, is a gratuitous opinion, an individu…"
"I am not much of a dictionary maker, but I believe I could improve upon either and say, 'An obiter dictum is the pass…"
"How necessary it is carefully to consider the language of learned Judges, especially when you are dealing with langua…"