Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Rock Island Company v. United States…

Lex non praecipit inutilia (Co. Lit. 127b) expresses rather an ideal than an accomplished fact. But in this case we cannot pronounce the second appeal a mere form. On appeal a judge sometimes concurs in a reversal of his decision below. It is possible as suggested by the Court of Claims that the second appeal may be heard by a different person. At all events the words are there in the statute and the regulations, and the Court is of opinion that they mark the conditions of the claimant's right.
Source: Wikisource

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