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[3]
Consequently, as regards the
first two classes, we must, if possible, take refuge in
some dissimilarity between the two cases, and two
cases are scarcely ever alike in all their details.
If, however, such a course is impossible and the
case is the same as that on which the previous
decision was given, we must complain of the negligence shown in the conduct of the previous case
or of the weakness of the parties condemned,
or of undue influence employed to corrupt the
witnesses, or again of popular prejudice or ignorance
which reacted unfavourably against our client; or
else we must consider what has occurred since to
alter the aspect of the case.
Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.
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