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Updated: June 27, 2025
See the case of John Walpole Willis, Appellant, versus Sir George Gipps, Knt., Respondent, 5 Moore's Reports of Privy Council Cases, 379. From an obiter dictum of one of the judges in the case it would appear that the order of amotion from the bench of this Province was finally set aside on technical grounds, owing to the appellant's not having been heard in Canada.
These remarks are no more than obiter dicta but they show how the doctrine of Progress was influencing those who were temperamentally the least likely to subscribe to extravagant theories. The outbreak of the French Revolution evoked a sympathetic movement among English progressive thinkers which occasioned the Government no little alarm. The dissenting minister Dr.
Goffe walked to Rochester and returned undetected, a distance of eighteen miles is difficult to believe. Goethe has an obiter dictum on the possibility of intercommunion without the aid of the ordinary senses, between the souls of lovers.
The summing up contained some jewels. And in the course of sentencing, my lord had this OBITER DICTUM: "I have been the means, under God, of haanging a great number, but never just such a disjaskit rascal as yourself." The words were strong in themselves; the light and heat and detonation of their delivery, and the savage pleasure of the speaker in his task, made them tingle in the ears.
In a judgment, with which five of his colleagues entirely concurred and from which only two dissented, he decided that Dred Scott was not a citizen, and went on, contrary to practice, to pronounce, in what was probably to be considered as a mere obiter dictum, that Dred Scott was not free, because the Missouri Compromise had all along been unconstitutional and void.
A man of power, who has got more from books than most of his contemporaries, once said: "Form a habit of reading, do not mind what you read; the reading of better books will come when you have a habit of reading the inferior." We need not accept this obiter dictum of Lord Sherbrooke.
When, then, the decisions in these two cases erected the "rule of reason" and declared that only those restraints were forbidden that were unreasonable, the attention of some opponents of the trusts was focussed on the obiter dictum, rather than upon the decisions themselves. In taking this position, they had the support of Mr.
Whatever goes beyond that which is required to show that the judgment is the legal conclusion from the ascertained facts is styled in law language obiter dictum. It may be interesting and even persuasive, but it is not an authoritative statement of law. It may grow to be such by adoption in subsequent cases.
It was wrong to persecute the Christians wrong on general principles, wrong on particular axioms. But, alas! it has taken nearly seventeen more centuries of fiercer persecutors than Pliny proved to be to learn this little fact. All this is, as he would have said, obiter by the way.
His embrace was but gratefully fraternal. As for Elodie, if it were not dangerous she had the street child's instinct what did a kiss or two matter? If one paid all that attention to a kiss one's life would be a complicated drama of a hundred threads. "A kiss is nothing" so ran one of her obiter dicta recorded somewhere in the manuscript "unless you feel it in your toes. Then look out."
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