Page:Federal Reporter, 1st Series, Volume 3.djvu/376

 IBON SILVEIt UIKINS 00. V. MUBFHT. 869 �reside, as rapidly as possible. If you could go over from now until moming — if to-morrow were not the Sabbath day, and the next day after that a holiday — I •would be inclined to put off the further consideration of this case until to-morrow, or the next day. But it seems to be necessary, in order that there may not be too much delay, that you should do what best you can. �The question for your consideration — and I do not think there is more than one of very great importance — is exceedingly important to these parties. Whether it may be of importance to other parties, not parties to this controversy, is not a mat- ter for your consideration, or for mine. The decision in a cause in this court may be of some value as a precedent. Courts usually try to find out the correct principle upon which a cause should be decided, and when once, after some atten- tion to the subject, they have arrived at a conclusion as to the rule which shall be observed in any cause, it is regarded as a decision which may be foUowed in subsequent actions of the same character. But the case has no other importance than as it affects the property in controversy, for there is nothing here but the interests which are involved in this suit ; and this is peculiarly so as to these mining cases. �In ail my experience, and it has been of some length in this country, I do not know that I have found cases which exactly resemble each other. Almost always, the case arising has some peculiarity that will distinguish it from another; some feature which we bave not observed before, and which varies a little the rule which is to be applied. Of course, there are certain principles recognized always and in ail cases, which no one will controvert, of which this cannot be said ; but there are peculiarities in each case, and it may be said that each stands upon its own bottom. So that you ought not to have any impression, from what has been said by counsel, that your decision is of any inlportance as affect- ing the mining interests of Leadville or any other section, of the country. It does, in fact, only affect the mattershere in issue between these parties and this property. �v.3,no.7— 24 ����