ABSTRACT
Naturally, owing to the character of the people and of the institutions, the weight attached to Judicial Precedents is somewhat greater in England than in America, but the difference hardly admits of any precise statement, and it does not seem worth while to attempt it. It has been said in the United States that a judgment made by an equally divided court, though conclusive in the particular case, should have no weight attached to it as a precedent. The Federal courts were constituted, not to avoid the danger of the State courts laying down improper rules, but to avoid the danger of the State courts applying their rules unfairly to the advantage of their own citizens. The courts of a State have declared that a certain class of contracts is valid, a contract of the class is subsequently entered into, but, after the making of the contract, the State courts reverse their decisions and hold that such contracts are invalid.
