Cook v. Leavenworth Terminal Railway & Bridge Co.
Cook v. Leavenworth Terminal Railway & Bridge Co.
Opinion of the Court
The opinion of the court was delivered by
All the matters urged in the petition for a rehéaring have been carefully considered by the court. They suggest nothing necessitating amplification or qualification of the opinion and judgment of the court as already rendered.
One matter, however, should be noticed. Counsel for appellant is in error in presuming that the opinion is merely that of the justice who wrote it and that the case has been slighted by the other justices — an error which is so common among petitioners for a rehearing that it may be well to set the matter right at this time.
The opinion has to be written by some one of the justices; the seven justices could not well join their voices in dictating to one stenographer, nor collaborate in the wielding of one pen. But the opinion and decision are the work of' the entire court arrived at after protracted consultation and independent consideration. No more than the mere rhetorical phrasing can be ascribed to the justice assigned to the task of setting down
A consideration of this should make it clear how far beside the mark are an attorney’s doubts about a decision and opinion being a precise expression of the deliberate judgment of the entire court.
Rehearing denied.
Reference
- Full Case Name
- John L. Cook v. The Leavenworth Terminal Railway and Bridge Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- OPINION DENYING A REHEARING. HEADNOTE BY THE REPORTER. Supreme Court Opinions — How Prepared — Consultation of Judges. No opinion of the supreme court is published until after its text, citations, conclusions of fact and law, consistency and phraseology have had careful and independent consideration by each justice separately, and after it has had the approval of all the justices collectively in protracted consultation.