Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/814

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800 V. BENCH AND BAR ment is said to have been only once reversed.^ Wilde, an in- dustrious and painstaking judge, who is best remembered by his subsequent title as a legal peer. Lord Penzance, suc- ceeded Cresswell in 1863, and in turn gave way to Hannen in 1872, on the eve of the Judicature Act. Lushington continued his distinguished labors in admiralty and ecclesiastical affairs until 1867, when he was succeeded by Phillimore (1867-83). Through his voluminous writings and his work on the bench, Phillimore attained great distinc- tion. A new practice and a rapidly increasing volume of litigation gave rise to novel and intricate problems. His elaborate opinions are replete with historical knowledge, and are always luminously expressed. In 1875, under the Judicature Act, he became a member of the Probate, Divorce and Admiralty Division of the High Court.* (d) Court of Appeal in Chancery The Court of Appeal in Chancery, which was established in 1851, was throughout its brief history one of the most satis- factory courts that ever administered English law. The original lords justices were Knight-Bruce (1851-66), and Rolfe (1851-52). Rolfe was soon made chancellor, and Tur- ner (1853-67) succeeded him. The court for fifteen years consisted of Knight-Bruce and Turner — an ideal court, animated by profound knowledge of law, and marked aptitude in its successful application to new conditions. Turner was on all occasions courageous in expanding the remedial powers of the court to meet modern developments ; and so anxious 'Hope V. Hope, 1 Sw. & Tr. 94; Keats v. Keats, 1-346; Mette v. Mette, 1-416; Tallemache v. Tallemache, 1-561; Tompkins v. Tompkins, 1-168; Ward v. Ward, 1-185; Egerton v. Brownlow, 4 H. L. 1 ; Sutton r. Sadler; Coxhead v. Richards, 2 C. B. 569.

  • Some of his notable admiralty cases are: The Charkieh, 4 Adm. &

Ecc. 50; The Tentonia, 3 do. 394; The Halley, 2 do. 3; The Circassian; The Constitution; The Parlement Beige, 5 P. D. 197; The City of Mecca, 5 do. 28; The Macleod, 5 do. 254; R. v. Kej^n, 2 Ex. D. 6.3. In probate and matrimonial nffairs see Cheese v. lyovejoy, 2 P. D. 25; Sottomayer v. De Barros, 49 L. J. P. 1; Baker «. Baker, 5 P. D. His most remarkable ecclesiastical judgment is Martin v. Mackonochie, 2 Adm. & Ecc. 116. Others of importance are the well-known cases of El- phinstone v. Purchas, Sheppard v. Bennett, Boyd v. Phillipotts, Jen- kins V. Cook, and the Colenso case. /