Thursday, October 25, 2007

On the wilderness of voices and cases

"Dissenting opinions may serve as a safety valve. All too often they are but a voice crying in the wilderness - vox et praeterea nihil - gone with the wind, as have been many other worthy efforts."

Holt, C.J., dissenting, in Com. v. Jones & Robins, 186 Va. 30, 41 S.E.2d 720 (1947).

"Some great jurist has said that a dissenting opinion ‘is like the voice of one crying in the wilderness,‘ but while my dissent may be vain, yet I owe to myself, and the profession and public, to express my views upon the subject of this kind of high finance, and the attitude the courts should take towards it."

Christian, J., dissenting, in Brennan v. Rollman, 151 Va. 715, 739, 145 S.E. 260, 267 (1928).

"We have not deemed it profitable to cite or comment upon the wilderness of cases touching the subject discussed, but have been content to ascertain and to state in what direction they preponderate."

Alphin v. Lowman, 79 S.E. 1029, 1033 (Va. 1913).

"The case has been argued at great length, and with learning and ability, though the argument has taken a much wider range than is necessary to a decision of the questions presented. It is therefore impossible, within proper limits, to review all the collateral positions taken, or to trace principles remotely bearing upon the questions, through the wilderness of the cases cited. Nor is it necessary."

Millhiser Mfg. Co. v. Gallego Mills Co., 44 S.E. 760, 762 (Va. 1903).

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