and a Jeffries for a judge!' And I here confidently venture the prediction that when a real case like the hypothetical one shall come to this court, my associates will say aye to this declaration." (State v. Jennings, 81 Mo. 185, 208.)
"Error is not sacred; it has no vested right to exist; and it becomes us as men, certainly as judges, whenever error is discovered for the first time, to confess and to forsake it at the earliest opportunity. Prov. xxviii. 13." Straus v. Kansas City, etc., Ry. Co., 86 Mo. 421, 437.
"In my humble opinion such a theory of the law is only equalled in its world-embracing comprehensiveness by the Missionary Hymn; it places an administrator in this State on the same pedestal where the oration of Phillips places Napoleon the Great, making him 'proof against peril, and empowered with ubiquity.'" (Scudder v. Ames, 89 Mo. 496, 522, 523.)
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JAMES B.GANTT.
Warwick Hough.
Of distinguished parentage, the future judge was born in Loudon County, Virginia, Jan. 26, 1836. His parents brought him to Missouri during the following year, and settled at Jefferson City in 1838. He graduated from the State University in 1854; assumed the study of the law in "the office of General, now Judge, E. L. Edwards at Jefferson City, and was admitted to practice in 1859. He was in partnership with J. Proctor Knott until 1861, when he accepted the appointment of Adjutant-General from Governor Jackson, whom he accompanied to the South. He served as Secretary of State under Governor Reynolds, and on the staffs, successively, of Generals Polk, S. D. Lee, and Taylor. Until the removal of the Test Oath in 1867 permitted him to do so in Missouri, he practised law at Memphis. As a judge, Judge Hough was a hard student and a careful writer. His opinions are written neatly, without a blot or interlineation; and his chirography is as clear and legible as copper-plate. He was concise in his diction, and enriched the jurisprudence of the State by his labors. Some of his best opinions are: Hall v. Adkins, 59 Mo. 144; Sharpe v. John ston, 59 Mo. 557; s.c. 76 Mo. 660; Rogers v. Brown, 61 Mo. 187; Valle v. Obenhause, 62 Mo. 81 (dissenting). (His views approved, Campbell v. Laclede Gas Co., 84 Mo. 352, 378; and Valle v. Obenhause, overruled, Dyer v. Wittier, 89 Mo. 81.) Peltz v. Eichele, 62 Mo. 172; Turner v. Baker, 64 Mo. 218; Randle v. Pacific R. R., 65 Mo. 325; Smith v. Madison, 67 Mo. 694; Heim v. Vogel, 69 Mo. 529; Mcllwrath v. Hollander, 73 Mo. 105; Buesching v. St. Louis Gas Light Co., 73 Mo. 219; State ex rel, v. Tolson. 73 Mo. 320; State v. Ellis, 74 Mo. 207; Fox v. Hall, 74 Mo. 315; Skrainka v. Allen, 76 Mo. 384; Fewell v. Martin, 79 Mo. 401.
Judge Hough is of imposing appearance and graceful manners. Since his retirement from the bench, he has become an honored member of the St. Louis Bar.
