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It has been sometimes said, communis error facit jus; but I say communis opinio is evidence of what the law is; not where it is an opinion merely floating and theoretical floating in the minds of persons but where it has been made the ground-work and substratum of practice.

I wish that objections to questions as leading, might be a little better considered before they are made. It is necessary, to a certain extent, to lead the mind of the witness to the subject of inquiry. If questions are asked, to which the answer "Yes" or "No" would be conclusive, they would certainly be objectionable, but in general no objections are more frivolous than those which are made to questions as leading ones.