The Southern Literary Messenger, Vol. I., No. 7, March, 1835Various
History
The Southern Literary Messenger, Vol. I., No. 7, March, 1835
Various
American literature -- 19th century -- Periodicals
On the 14th of December, 1734, died suddenly of a fit, John Holloway,
Esq., after having languished about ten months with a sort of
epilepsie at certain times of the moon, which had much impaired his
memory and understanding. He had practised in this court upwards of
thirty years, with great reputation for diligence and learning; and
was so much in the good opinion of the court, that I have, upon many
occasions, known him prevail for his clients against reasons and
arguments much stronger and better than his. His opinions were by most
people looked upon as decisive, and were very frequently acquiesced in
by both parties, those against whom he pronounced being discouraged
from disputing against so great authority. He practised with much
artifice and cunning, being thoroughly skilled in attorneyship; but
when his causes came to a hearing, he reasoned little, was tedious in
reading long reports of some cases, and little abridgments of others,
out of which he would collect short aphorisms, and obiter sayings of
judges, and rely upon them, without regarding the main point in
question, and arbitrarily affirm or deny a matter of law, which had
often too much weight, against the reason and difference of things. By
this method, he gained many causes which always gave him great joy;
but was as impatient if he lost one, as if it tended to a diminution
of his credit. He was blameable for one singular practice, in drawing
notes for special verdicts. He would state naked circumstances of
facts only, and leave it to the court to collect the matter of fact
out of them; so that, upon such verdicts, we have had many tedious
debates about what the fact was: whereas, if that had been found
positively as it should be, there would have been no need of a special
verdict. But against this I could never prevail. His greatest
excellence was his diligence and industry; but for learning I never
thought he had any, nor could it be expected he should. He had served
a clerkship; went a youth afterwards into the army in Ireland, in the
beginning of King William's reign; after that betook himself to
business, having got to be one of the attorneys of the Marshalsea
court; but not being contented with his income from that, turned
projector and ruined himself, which brought him first into Maryland,
and afterwards hither. I remember one particular instance, which
satisfied me his knowledge in the law was not very profound. An
ejectment was brought, (whether I was at first concerned in it I
forget,) and upon a special verdict the case was thus. A seized in fee
by deed, gave the land in question to B his daughter, for life, and
after her death, to her heirs forever. She sold it to the defendant,
and after her death, the plaintiff, B's heir, claiming as a purchaser
in remainder, brought this action to recover. When I saw this, I told
the plaintiff, who was my client, I could not say one word for him,
not knowing a more certain rule of law than this:--that where by will
Public-domain text, read in full here on John Shaqi.
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