...connection with the case in which those expressions are used. If they go beyond the case, they may lie respected, but ought not to control the judgment in...suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care...

...dictum because stated "unambiguously"; and as Chief Justice Marshall held, dicta "ought not to control judgment in a subsequent suit when the very point is presented for decision . . . [because] their possible bearing on all other cases is seldom 129 completely investigated." Speaking...

...is not the less a dictum because stated "unambiguously"; and as Chief Justice Marshall held, dicta "ought not to control the judgment in a subsequent...suit when the very point is presented for decision . . . [because] their possible bearing on all other cases is seldom completely investigated." "' Speaking...

...Digest 87, there is cited the following, on the subject of obiter dicta : General expressions in court's opinion are to be taken in connection with the case...expressions are used. If they go beyond the case they ought not to control judgment in a subsequent suit when the very point is presented. A part of an opinion...

...putting limits upon the exceptions power. As Marshall said: "It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken...suit when the very point is presented for decision." 45 Only Justice Story's opinion in Martin v. Hunter's Lessee makes any mention of the Exceptions Clause....

...in Cohens v. Virginia, 19 US (6 Wheat.) 264, 399 (1821): "It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken...suit, when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care,...

...was stated by Chief Justice Marshall in this language: "It is a maxim not to be disregarded that the general expressions In every opinion are to be taken...subsequent suit when the very point is presented." Cohens v. Virginia, 6 Wheat. 399, 5 L. Ed. 257. The word "road" has acquired no definite and fixed...

...L. Ed. 936. Chief Justice Marshall, for the court, says: "It is a maxim not to be disregarded that general expressions in every opinion are to be taken...control the Judgment in a subsequent suit when the тегу point is presented. The reason of this maxim is obvious. The question actually before the...

...be disregarded that general expressions in every opinion are to be taken in connection with the ease in which those expressions are used. If they go beyond...subsequent suit, when the very point is presented. The reason of this maxim is obvious. The question actually before the court is investigated with care,...

...STRUM and BUFORD, JJ., dissent. WHITFIELD, Ji (concurring). It Is a maxim not to be disregarded that general expressions in every opinion are to be taken...those expressions are used. If they go beyond the 294 (112 So.) 295 case, they may be respected, btit ought not to control the judgment In a subsequent...