Page:The Green Bag (1889–1914), Volume 04.pdf/607

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The Green Bag.

which persuade and convince. His methods judgment on appeal is by Judge Reade. The at the bar are fitly described in the following issue was the sanity of the testator. Graham, extract from his address before the State Bar Bragg, Vance, and Eaton appeared for the Association since his retirement from the caveators; and Moore, Smith, Heath, Gil bench, in which, after speaking of his fre liam, Conigland, Phillips, and Battle contra. quently sitting up all night to prepare a case Such an array of legal talents was never be for trial, and his contempt for counsel who fore or since, in the history of this State, pleaded lack of preparation, and his indul assembled in one case. In the well-known gence to the opposite side before trial when I cases of Jacobs v. Smallwood, 63 N. C. 112,

ever not to the prej Hill v. Kesler, 63N.C. udice of his own cli 43 7, and others, he held ent, he says : " My that the Homestead exemption was valid practice was to allow against debts created a brother to supply prior to the adoption defects, correct errors, of the Homestead law. and do almost any In one of these cases thing he desired to (Jacobs v. Smallwood), do in fixing up his he says that the home case before trial; but stead is secure to the when the trial com owner against all menced and swords were drawn, I threw comers, "from turret away the scabbard and to foundation stone." This ruling was after fought for a funeral." He was a caustic and wards reversed, how trenchant writer. ever, by the United States Supreme Court Many of his articles in Edwards 7'. Kearand addresses have sey, 96 TJ. S. 595. In been published in Sutton v. Askew, 66 pamphlet form, and merit preservation by N. C. 172, it is held being collected and that the act restoring published as a volume. the common law right THOMAS SETTLE of dower does not He sat on the Su preme bench thirteen apply to land acquired years. His opinions are usually short, al prior to the passage of the act. People v. ways terse and clear. They are to be found McKee, 68 N. C. 429, decides that the Gov in the nineteen volumes from 61 N. C. to 79 ernor, and not the legislature, has the power N. C. inclusive. Among his opinions may be of appointment to office. State v. Jones, noted : Wood v. Sawyer, 61 N. .C. 251, the 69 N. C. 16, rules that the court has no famous Johnston Will case in which the power to grant a rehearing in a criminal ablest counsel summoned from all parts of case. Green v. Castlebury, 70 N. C. 20, the State appeared, and in which was involved settled the practice as to trials by referees. the validity of the will of James C. Johnston, State v. Parrott, 71 N. C. 311, held that disposing of the largest estate in North any one has a right to tear down an ob Carolina. The case was tried below by Chief- struction (here a railroad bridge) to the free Justice Merrimon, then upon the Superior navigation of a river. State v. Elwood, 73 Court, bench, and the opinion affirming the N. C. 189, holds that in trials for murder when