and necessary for the
preservation of decorum and for the respectability of the profession."
Marshall C. J. 9 Wheat. 531.
[4] Per Gibson, C. J., in Austin's case, 5 Rawle, 204.
[5] The exact weight of one hundred silver dollars of the old coinage is
85.9375 ounces; of the new coinage, 80 ounces.
[6] _Ex parte_ Carter, 1 Philada. Rep. 507. Blaike's Lessee _v._
Chambers, 1 Serg. & Rawle, 169.
[7] Court and juries have their respective spheres assigned to them,
within which each is to act and move, without encroaching upon the
jurisdiction or province of the other. In order, then, that jurors as
well as others may know that the direction and decision of the court, on
any question of law arising in the course of the trial of an issue of
fact, is not to be disregarded, and that a verdict given against such
direction, whatever it may be, can never avail anything, unless it be to
occasion additional delay, trouble, and expense to the parties, as also
to the public, the course of the court is to set the verdict aside, and
to order a new trial. And a court, from whose decisions on questions of
law, an appeal lies, by writ of error or otherwise, ought never to
depart from this course; otherwise the party against whom the verdict is
given loses the benefit of such appeal, and of having the question
decided by the Appellate Court, which would be a most unjust and illegal
deprivation of his right. Per Kennedy, J., in Flemming _v._ Marine Ins.
Co. 4 Whart. 67. After two concurring verdicts against the direction of
the court in point of law, a new trial will still be awarded.
Commissioners of Berks County _v._ Ross, 3 Binn. 520. "Principles the
most firmly established might be overturned, because a second jury were
obstinate and rash enough to persevere in the errors of the first, in a
matter confessed by all to be properly within the jurisdiction of the
court; I mean the construction of the law arising from undisputed
facts." Per Tilghman, C. J., Ibid. 524. It is not necessary to refer to
the numerous cases, both in the English and American courts, which
accord with these principles. A judicious selection of the leading ones
is to be found in the note to 1 Wharton's Troubat & Haly, 529. The text
and the note are confined, of course, to civil cases.
[8] Burnet's Life of Sir Matthew Hale, 72.
[9] An attorney is not answerable for every error or mistake; he ought
not to be liable, in cases of reasonable doubt. Pitt _v._ Yald
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