ability by eminent counsel, among whom was the late Judge Libbey. The following extract from the brief of one of the counsel will indicate the grounds and good sense upon which Judge Kent proceeded to lay down the law in this case : — "There is much practical sense in the remarks of the London ' Saturday Review ' for May 2, 1868, p. 582, upon the case of Lyon v. Home, then just argued before Gifford, V. C. : ' It is not necessary to say whether the spirit revelations are, or are not, true. However true they may be, our question is, whether we are to allow them to be other than undue influences? ' "' The spirits may be very virtuous, pious, pure, disinterested and righteous; might arrange mundane things better than we do; but their sort of purity and right eousness is quite incompatible with our poor, unspiritual society, such as it is. And, therefore, we cannot come to an un derstanding with the spirits. In other words, the Vice-Chancellor will have to notify all and singular, spirits and souls of the righteous and unrighteous, all witches and wizards, ghost and ghost-seers, goblins and mediums, spirit-drawings and airy harps, that deeds of gift, assignments, and wills, dictated by the spirits to rich and silly widows, will be summarily set aside, as transactions which English law and equity decline to recognize.'" Next to Chief-Justice Appleton, his writ ten opinions exceed in number those of his associates on the bench. A recent examina tion and comparison disclose what even those who knew him well are, perhaps, not prepared to fully believe, that he dissented very frequently, and often concurred in a separate note. Not that he was contentious, but rather conscientious; preferring to enter his caveat whenever he thought he saw de ductions or inferences might be drawn afterwards that would not be warranted or supported by the law as he understood it. His dissenting opinions are always dignified
and independent; they contained nothing that reflected upon the integrity of the majority; they went directly to the point in plain and simple language that could never offend the most scrupulous in matters of judicial and official propriety. The follow ing extract from his dissent in Dyer v. Libby, 61 Maine, 50, affords a good exam ple of his style at such times : — "The hay was to be delivered at another place as part of the bargain. I grant that it might probably have been delivered at the time of bargain, so as to bind the bargain. But how can it be said, that where there is a contract for the sale of hay, which, by its terms, is not, and cannot be performed until it is hauled to another place, and the buyer is to do something in conjunction with the seller to prepare it for transportation, and does that thing, leaving it for the seller to haul it to the place of delivery agreed upon, that this is such a delivery as takes the case out of the statute?" Upon retiring from the bench, Judge Kent took leave of his colleagues and the Bar, by an address in which occur these passages : — "No one who has not held a judicial station can justly estimate the reciprocal influence of the Bench and the Bar. Courtesy, good temper, mu tual forbearance and respect, do much to facilitate business and lighten labors. But the influence extends beyond their outward manifestations. There is no judge so able or so learned, who does not need and does not feel the influence and the power and the aid of a learned, upright, and I may add, even persistent counsel; and there is no Bar that does not feel the controlling influence of a just, learned and courteous judge. Each is neces sary for the complete working of the judicial de partment. Human wisdom and experience has found no better and no surer mode of ascertain ing truth and administering justice, based on established principles of law, than the open forum with an honest, independent and learned Bench, an intelligent jury when needed, and educated, faithful and acute advocates trained in their pecu liar duties, to present honestly but thoroughly and earnestly the merits of their clients' cases. "The value and receptivity of such a Bar in the
