Page:The Green Bag (1889–1914), Volume 02.pdf/316

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The New York Court of Appeals.
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mental operations. An excellent example of his writing may be seen in Levy v. Levy, 33 N. Y. 97, on charitable trusts. Also see Sparrow v. Kingman, 1 N. Y. 242, on estoppel in pais.


Henry R. Selden.

Henry R. Selden's name is better known as reporter than as judge, as he held the

JOHN K. PORTER.

former office from 1851 to 1854, and reported the decisions from volume 5 to volume 10 inclusive, and a supplementary volume known as Selden's Notes. He was a most excellent reporter. He is known in this State as a lawyer of uncommon ability, and his opinions in volumes 25-31 are a confirmation of his reputation. He held the office of lieutenant-governor. He seems to have been a modest man. He was a member of the convention that first nominated Lincoln for the presidency, and it is said that he declined the nomination for the vice-presidency in favor of Hamlin. He was a brother of Samuel L. Selden, and on the retirement of the latter in 1862, he was appointed chief-justice in his place; but he took his seat as an associate, leaving the place of chief to be filled by Judge Denio, who would have succeeded under the Constitution of 1846. He was early interested in telegraphy with Morse, and assisted in forming a company operating from Harrisburg to Lancaster, Penn., out of which grew the Western Union Company.


Samuel L. Selden.

Samuel L. Selden may be judged by his great (dissenting) opinion in Curtis v. Leavitt, 15 N. Y. 9; and by those in Hoe v. Sanborn, 21 N. Y. 552, on implied warranty; Lampman v. Milks, 21 N. Y. 505, on diversion of water; Matter of Cooper, 22 N. Y. 80, on admission to the bar; Bissell v. Railroad Co., 22 N. Y. 259, on ultra vires. He was born in 1800, elected to the court in 1856, resigned in 1864, and died in 1876. He was a profoundly learned lawyer, and a man of the most unassuming, pure, and beautiful character.


But probably the most distinguished names in this list are those of Hiram Denio, Alexander S. Johnson, and George F. Comstock. Rarely have three men of such remarkable judicial talents sat contemporaneously in the same court in this country.


Hiram Denio.

Hiram Denio was born in 1799. He was appointed circuit judge and vice-chancellor in 1834; but owing to ill health he resigned after four years' service, and returned to practice. He was reporter of the decisions of the Court for the Correction of Errors and the Supreme Court from 1845 to 1848, and the five volumes bearing his name are models for the imitation of all who would succeed in this difficult duty. In June, 1853,