AUTHORITIES

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AUTHORITIES

AUTHORITIES, practice. By this word is understood the citations which are made of laws, acts of the legislature, and decided cases, and opinions ofelementary writers. In its more confined sense, this word means, casesdecided upon solemn argument which are said to 'be authorities for similarjudgments iii like cases. 1 Lilly's Reg. 219. These latter are sometimescalled precedents. (q.v.) Merlin, Repertoire, mot Autorites. 2. It has been remarked, that when we find an opinion in a text writerupon any particular point, we must consider it not merely as the opinion ofthe author, but as the supposed result of the authorities to which herefers; 3 Bos. & Pull. 361; but this is not always the case, and frequentlythe opinion is advanced with the reasons which support it, and it must standor fall as these are or are not well founded. A distinction has been madebetween writers who have, and those who have not holden a judicial station;the former are considered authority, and the latter are not so consideredunless their works have been judicially approved as such. Ram. on Judgments,93. But this distinction appears not to be well founded; some writers whohave occupied a judicial station do not possess the talents or the learningof others who have not been so elevated, and the works or writings of thelatter are much more deserving the character of an authority than those ofthe former. See 3 T. R. 4, 241.

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