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Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler, Chapter 21: practice of the law. (search)
any representations of the buyer that he believed them to be worth less than they were, and I could find nothing else in the record on which a decision could be made against the buyer. During the week I examined all the papers in the case and prepared a motion for another rehearing. On the following Monday morning I went before the court and with my best bow asked leave to file a motion for a rehearing in the case of the American Emigrant Aid Society, Plaintiff in Error, against the County of Adams. The chief justice looked at me with a little surprise. Are you aware, Mr. Butler, said he, that there has been one motion for a rehearing heard and denied, and that this was the unanimous opinion of the court? Mr. Chief justice, I replied, I should not have prepared myself as I ought to have done in the case if I had not learned those facts. I find no fault with the opinion of the court in denying a rehearing, but the whole matter has proceeded upon a very vital mistake. How