A Chapter of History, Or, the Progress of Judicial Usurpation ..

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He could find plenty of cases, and plenty of reasons to give judgment for the Plaintiffs. In one case in Saratoga county he held that a covenant run (not with the land), but with a hole in the ground. In the Smith, Hays, and Ball cases, he was in baste to crowd his opinion upon Harris and Wright.
His zeal and pertinacity finally prevailed, not to have them adopt his opinion, but to prepare one of their own. Harris hung fire a long while. He was shortly to be a candidate for reelection. He wante
...d Gould and Wright to take the responsibility. It was understood that the decision was to be made at the May term, but the term wore away, and the last day came. Church and his friends were in great perplexity.
Wright would not put forth liis opinion without the concurrence of Har- ris. At the last moment Harris wrote his approval upon Wright's manuscript, and Gould was overjoyed at his triumph.
As we have seen, the cases went up to the Court of Appeals, which affirmed the judgment upon grounds entirely different from those laid down by the Court below.


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